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(영문) 대구지방법원 2013.04.18 2013고단853
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of the BP car.

On November 29, 2012, the Defendant driven the above car on November 29, 2012, while driving it on the border street in the Taegu-gu Taegu, Taepyeong-gu.

At the same time, since it is an intersection where signal lights are installed, a person engaged in driving a motor vehicle has a duty of care to live well on the right and the right, and to prevent accidents in advance by driving the motor vehicle safely according to the traffic signal.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by taking the front wheels of the victim C(40 years of age) driving the said intersection from the center on the left side of the said car driven by the Defendant by the negligence of entering the said intersection and neglecting the signal.

이로써 피고인은 위와 같은 업무상 과실로 피해자에게 약 7주간의 치료를 요하는 무릎뼈의 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Although the instant accident was caused due to the Defendant’s violation of the Defendant’s signal signal for the sentencing reason of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined in consideration of all the circumstances, including the following: (a) the Defendant reflects his fault; (b) the Defendant does not want the punishment against the Defendant by mutual consent with the victim; and (c) the Defendant does not have any same criminal record and has no criminal record

It is so decided as per Disposition for the above reasons.

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