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(영문) 의정부지방법원 2013.11.28 2013고정2137

도로교통법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On May 19, 2013, at around 15:10 on May 19, 2013, the Defendant operated a non-registered CITI 100 Oba, and proceeded with a road without distinguishing the two-lanes from the private distance at the entrance of the new elementary school from the middle elementary school.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act and the selection of fines;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant in this part of the facts charged is a person engaged in driving CITI 100 Unregistered Oral Land.

At around 15:10 on May 19, 2013, the Defendant driven the above Oba, while making a left turn to the left in order to drive a road without any two-lanes at the entrance distance at the new elementary school.

At all times, there is an intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has the duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and by properly examining the progress of another motor vehicle, and to prevent the accident in advance by safely driving according to the traffic signal.

Nevertheless, even though the Defendant neglected this and the signal was changed to a stop signal, the Defendant continues to proceed at the same speed in violation of the signal.

From the left side of the proceeding direction to the crossing in accordance with the signals, the victim B, who was driving by the intersection in accordance with the signals, conflicts with the upper part of the front part of the Cschton car driving by the defendant.

The defendant's negligence caused physical damage of 4,138,800 won to the victim.

2. This part of the facts charged is assessed.