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(영문) 창원지방법원 마산지원 2014.06.11 2014고정291

교통사고처리특례법위반

Text

Defendant shall be punished by a fine not exceeding 400,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 31, 2014, the Defendant driven the above vehicle at around 03:35, a person engaged in driving B car, and led the Defendant to drive the said vehicle at the right intersection from the direction of the Masan Central Police Station to the Masan Elementary and Secondary School.

Since its location is an intersection with red efficition and yellow efficition, there was a duty of care to temporarily stop prior to the entry into the intersection to check the traffic situation of the intersection and to proceed with the safety after checking it.

Nevertheless, the Defendant neglected to do so and was driven by the injured party C (Nam, 61) who is driving on the right side from the left side by his negligence, and was driven by the injured party C(Nam, 61).

Therefore, the victim E (the South, 42 years old) who boarded the above victim C and the victim E (the age of South, 42) respectively entered the base of salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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 under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Commercial concurrence: Articles 340 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. A provisional payment order: Article 334 (1) of the Criminal Procedure Act;