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(영문) 광주지방법원 2016.03.10 2016고정176

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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On November 10, 2015, the Defendant driven the above vehicle at around 15:05, and made it left turn to the right-hand turn from the right-hand side at the right-hand side of the red language at the right-way at the right-hand side at the right-hand side.

In this case, there was a duty of care to prevent accidents by safely proceeding in accordance with the signals instructed by the signal apparatus to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to turn to the left due to the negligence in contravention of the signal and received the front portion of the victim E(46) driving D's D's D'(40 years old) driving from the right side of the Defendant's vehicle, which was straight to the right side of the Defendant's vehicle, from the right side of the Defendant's vehicle, and the Defendant's vehicle was pushed to the right side of the Defendant's vehicle, and received the front portion of the victim E's E's driving (46 years old) driving, which was straight to the right side of the Sinsan Terminal at the right side of the Sinsan Port.

As a result, the Defendant suffered injury to the victims by their occupational negligence during approximately two weeks, such as dump dump, etc. in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the actual survey report, each medical certificate, and each traffic accident evidence and photographic Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;