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(영문) 광주지방법원 2015.09.01 2015고정1316

교통사고처리특례법위반

Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

On July 9, 2015, at around 01:25, the Defendant driven a Macoo car in B, and made the Macoo three-lane turn left at the right turn from the northwest of Gwangju Northern-gu.

Since the signal apparatus is installed and traffic control is performed, a person engaged in driving service has a duty of care to drive safely according to his/her name.

Nevertheless, the Defendant neglected this and neglected to turn to the stop signal, and received the part after the left side of the victim C(59 years old) driving of the 59-year-old car from the 3rd side of the Round-ro Mala-ro 3 complex to the Mala-ro along with the moving signal, and received the part above the left side of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim E (the age of 42) and the victim F (the age of 52) who was on board the victim C and the victim F (the age of 52) who was on board the captain of the Defendant’s vehicle due to such occupational negligence, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, E, and F;

1. Application of Acts and subordinate statutes to the actual survey report, traffic accident-related photographs, and medical certificates;

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;