(영문) 대구지방법원 2013.09.25 2013고정2085

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(영문) 대구지방법원 2013.09.25 2013고정2085

교통사고처리특례법위반

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Defendant shall be punished by a fine of 3.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a tourist bus BX212.

On June 17, 2013, the Defendant driven the above tourist bus around 17:20, and led to a road of about 86 km in front of each south of the agricultural cooperative branch in the Cheongnam-do, Chungcheongnam-do, Chungcheongnam-do, in each south of the Cheongnam-do.

At the same time, there was an intersection without signal lights at the front door, and there was a speed of 60km per hour, so that the driver of the vehicle has a duty of care to safely drive the brake and steering gear by operating it at a speed lower than the speed limit by reducing the speed, and properly operating it.

Nevertheless, the defendant neglected this and operated the restricted speed at a speed of 86 km per hour exceeding 26 km per hour, and caused the victim E (the 60-year-old) who was driving at the south of the Agricultural Cooperative to turn to the left at the right side of each south of the Agricultural Cooperative and operated by the injured party C (73 years-old) who was driving at the right side of the road, to find out the 49CC head, and avoid it to the right side, making the victim in the play go to the road where he would avoid the above bus, and the victim E (the 60-year-old age) who was driving by the defendant was faced with the front seat.

In the end, the Defendant suffered damages to the victim C, such as the duplicating of the cuplic fage which requires approximately seven weeks of medical treatment, and the damage to the duplicating body part of the victim E, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (for estimated speed of two vehicles involved in an accident);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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