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(영문) 대구지방법원 경주지원 2016.03.31 2015고단923
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in Cknife.

On July 21, 2015, the Defendant driven the above vehicle on July 21, 2015, and led to the operation of the railway crossing at the 88 car center located in the museum at the time of the racing.

Since there is a point where a railroad crossing warning, etc. is installed, a person engaged in driving service has a duty of care to prevent traffic accidents by driving safely, such as temporary suspension before entering a railroad crossing.

Nevertheless, the Defendant neglected this and caused the collision of the front side of the train No. 1762, which took place from the discharge area to the port of port due to the negligence of entering the railroad crossing where a warning, etc. is sounding, with the front side of the driving vehicle.

Ultimately, the Defendant suffered injury to the victim of the same person D due to the foregoing occupational negligence, such as a flag of 1st century, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition, a photo of a black fluore photograph, a field photograph, an investigation report (damage situations and damage caused by a substitute), and a diagnosis report;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2) and Article 3(5) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order conflicts with a train operated due to the negligence of entering the railroad crossing where a warning, etc. is given due to a breach of the duty to drive safety, and the victim of the said person suffered an injury not to be less than that requiring eight weeks’ medical treatment.

On the other hand, however, the defendant's point of accident of this case, which is the early way for the defendant to receive communication from the young children attending high schools in the racing.

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