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(영문) 대구지방법원 2018.01.26 2017고정2163
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B-II cargo vehicles.

On October 17, 2017, the Defendant driven a above cargo vehicle on a 18:40 on October 17, 2017, and led to overtaking the front of the D road located in Yongcheon-si C, Youngcheon-si.

Since there is a place where overtaking is prohibited by a private distance crossing, the driver who intends to overtake the future has a duty of care to safely proceed with the method of overtaking in the area where the future is possible.

Nevertheless, the Defendant neglected to do so and proceed to the left at the intersection by negligence in front of the intersection, and received the front part of the victim E (the 41-year-year-old driver’s seat and right turn to the left at the intersection.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires four weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a survey report on actual condition, field photographs, and medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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