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(영문) 수원지방법원 2018.08.07 2018고단2963
교통사고처리특례법위반(치상)
Text

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

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 a DNA car.

On March 28, 2018, the Defendant driven the above car on March 28, 2017:38, and led to the front road of Heung-gu, Young-gu, Young-gu, Seoul to the new direction from the right side to the new one.

Since there is a center line between the central separation facility and the yellow domin line, there was a duty of care to ensure that the person engaged in driving service should thoroughly operate the front line and safely.

Nevertheless, the Defendant neglected to do so and led the Defendant to shock the front part of the G SP truck drivened by the Victim F (45 Do) which was driven in the opposite direction due to the negligence of driving a central line at the center line with the driver, and caused the said SP truck to shock an I dump truck for the victim H(52 Do) driving by pushing the said SP truck, and continued to shock the said SP truck with the victim J(44 Do) driving by pushing the said SP truck.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim FF, such as a knee bones, which requires approximately 10 weeks of treatment, injury to the victim H, such as knee base, tensions, etc. requiring approximately 2 weeks of treatment, and injury to the victim J of the victim, including light feas, which requires approximately 3 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, J, and F;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment Act

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