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(영문) 대구지방법원 2013.08.21 2013고정1727
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of three 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 who is engaged in the duty of driving a small-type taxi B.

On February 9, 2013, the Defendant driven the above taxi at a speed of about 133 km per hour by driving it on February 9, 2013, and driving it down at a speed of about 133 km per hour at the Gyeong-si, Seocheon-si, Seocheon-si.

At night, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle by complying with speed to a person engaged in driving the motor vehicle, such as ensuring that the speed of the motor vehicle is 100 km per hour.

Nevertheless, the Defendant neglected this while driving at a speed exceeding 30 km per hour, and thereby discovered and operated a Mati Cargo Vehicle, which has been stopped over a two-lane due to the preceding accident of Mati, late later, and operated a steering and brake, but did not avoid it, and received the rear part of the cargo vehicle with the front part of the taxi.

Ultimately, the Defendant suffered injury to the victim D (n, 26 years of age) who was on board the said taxi due to the above occupational negligence, such as a cage cage cage cage cage cage fage 6, which requires approximately five weeks of treatment, and injury to the victim E (19 years of age) in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. A traffic accident occurrence report;

1. Each report on actual condition;

1. Each written diagnosis;

1. Application of the laws and subordinate statutes concerning taxi booms image;

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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 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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