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(영문) 서울북부지방법원 2020.03.19 2020고정84

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 Obaba in B.

At around 22:58 on November 12, 2019, the Defendant driven the above Oralba, and straighted the intersection of the river basin in the enclosed-ro 339, Gangnam-gu, Seoul, Gangnam-gu, in violation of C direction at the bank of the Gangnam Police Station.

Every driver who drives a road shall have a duty of care to observe signals and instructions conveyed by traffic safety facilities.

Nevertheless, the Defendant, while proceeding along an intersection in contravention of the signal, she shocked the front part of the Eststyna-si vehicle operated by the victim D (the age of 67) who driven the said ethic road in the right direction from the left side of the Defendant’s running direction in accordance with the signals, and followed up the front part of the Estyna-si vehicle operated by the Defendant in front of the victim F (the age of 59) who is a pedestrian in the vicinity of the accident place.

The Defendant, by the foregoing negligence, inflicted two weeks’ injury on the victim D, such as “finites and tensions” and two kinds of injury on the victim F, and inflicted two weeks’ injury on the victim F, such as “finites in brut,” which requires stability for two weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. Statement on the occurrence of traffic accident;

1. Babbboxes and video clocks in taxi vehicles;

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

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;