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(영문) 부산지방법원 2015.05.14 2015고정616
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle B and one ton.

On October 21, 2014, the Defendant driven the above vehicle at a speed of about 60km from the subway station to the erode of the three-lane road in front of the new town that is located in the Geumdong-gu, Busan. On October 21, 2014, the Defendant driven the above vehicle at a speed of about 14:20 kilometers in speed.

In such cases, the driver of a motor vehicle has a duty of care to ensure safety distance and prevent accidents by driving the motor vehicle in advance by accurately operating the steering direction and brake system by reducing the speed and properly examining the front, rear, and left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and found that the victim C (the 63-year-old driver) driver’s car was stopped in accordance with the new subparagraph due to the negligence excessively close to the previous vehicle, and operated an operation late, but did not reach the limit, and received the back part of the damaged vehicle with the part of the truck driver’s freight.

Ultimately, the Defendant caused injury to the victim due to the above occupational negligence during approximately three weeks of treatment, and damaged the victim by adding approximately KRW 16,60,125 to the repair cost, such as the backer of the motor vehicle, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of traffic accident;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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