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(영문) 대구지방법원김천지원 2020.08.12 2020고정198
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 17, 2019, the Defendant was sentenced to nine months of imprisonment for the crime of larceny at night in the Daegu District Court Kimcheon Branch, etc., and the said judgment became final and conclusive on December 25, 2019.

Since there is no impediment to the defendant's right of defense, the defendant is recognized ex officio. The defendant is a person who is engaged in driving B salary class and III trucks.

At around 00:10 on November 19, 2019, the Defendant continued the intersection of the D Hospital located in the Gu, Si, Si, Si, Gu and Si, with the intersection from the roadside to E-section.

Since the location is an intersection where signal lights are installed, the driver has a duty of care to live well on the right and the right and the right of the driver and to prevent accidents in advance by driving safely in accordance with the signals.

Nevertheless, the Defendant neglected to do so and caused the Defendant to enter the intersection in contravention of the vehicle stop signal, thereby passing the intersection from the left side of the Defendant’s running direction to the right side, along the vehicle moving signal, to the right side of the Defendant’s running direction, and received the front part of the Defendant’s Gpoter II truck, above that part on the left side of the salary III truck.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as kneee knee kne, which requires medical treatment for about three weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report and on-site photographs;

1. A medical certificate;

1. Previouss before judgment: Application of criminal records, references to criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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