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(영문) 창원지방법원 거창지원 2015.04.29 2014고단410
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C Freight.

Around 14:30 on September 2, 2014, the Defendant driven an above cargo vehicle and proceeded at a speed from the sewage treatment plant to the direction of the A monthly intersection of the sports complex located in the Dong-dong, Chang-gu, Chang-gu, Chungcheongnam-gu, Chungcheongnam-do.

There is a place where the center line of yellow solid lines is installed, and in the case of the cargo vehicle operated by the defendant, the steel structure has been loaded. In such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by taking necessary measures, such as checking whether the signal number is safe, and operating the vehicle, so that the driver of the vehicle can well see the front and left well, and thus, the driver of the vehicle has a duty of care to prevent accidents in advance.

Nevertheless, the defendant neglected this, and caused the fault that the steel structure loaded on the cargo of the defendant was driven by the victim D (the age of 60) who proceeded in the opposite direction of the defendant's vehicle due to the negligence that the steel structure loaded on the cargo of the defendant was in the middle line, and caused the collision with the front direction of the victim D (the age of 60).

After all, the Defendant suffered injury to the victim, such as the upper part of the left-hand body, which requires approximately seven weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a actual survey report, and a traffic accident record and photograph;

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

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

1. Selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on the injury inflicted on the victim due to the instant crime, but is favorable to the defendant.

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