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(영문) 광주지방법원 목포지원 2015.10.22 2015고정352

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant also is a person who is engaged in driving of cargo cars.

At around 15:00 on March 16, 2015, the Defendant driven the above cargo vehicle and proceeded from the central hospital to the bus terminal by the intersection in front of the Hoburgic trivirgic triviral trivir, which is located in Simpo City.

Since there is a three-distance intersection with a signal apparatus, there was a duty of care to safely proceed to a person engaged in driving of a motor vehicle according to the signal apparatus's instruction.

Nevertheless, the Defendant, by negligence in violation of the signal, sent the said intersection from the bus terminal to the left-hand turn from the door of Hobio-glypurgy in accordance with the signals, followed by the top-down car operation of the victim D(31 years old), followed by the top-down car operation of the E-learning car of the victim, and led the part to the front-way wheels of the truck of the Defendant’s driver.

Ultimately, the Defendant suffered injury to the victim D, the victim F (3 years of age), G (1 years of age) who took advantage of the victim’s flive passenger car due to the above occupational negligence, and the victim F (3 years of age), and G (1 years of age), respectively, for about two weeks of unknown brain flives, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A survey report on the actual condition of a traffic accident, on-site, and photograph of an accident vehicle;

1. Application of 3 copies (D, G, F)-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 1 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 (1) 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;