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(영문) 제주지방법원 2015.04.10 2014고단1791

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 6, 2014, at around 22:24:24, the Defendant driven a B Sppact vehicle, and led to the left-hand turn 4 distance at the entrance of the south on which a signal, etc. is installed from the right side to the right side from the right side of the vessel. In such a case, the Defendant, as a driver, had a duty of care to make it possible for the Defendant to report the signal apparatus to the intersection and to prevent the accident by proceeding in accordance with the signals as instructed by the signal apparatus.

Nevertheless, the Defendant neglected this and neglected to turn to the left in contravention of the stop signal and led the victim C(Y, 41) driver's full-scale vehicle and the front part of the Defendant's driving of the DPoter vehicle in line with the normal straight-line signal from the wing side of the wing-dong in the wing-dong where the Defendant left the left.

As a result, the Defendant suffered from the injury of the above victim due to the above occupational negligence, such as an injury to the injury of sexual intercourse, which had no open room within the plegales that requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C related to a traffic accident;

1. The actual condition survey report;

1. On-site intensitys, related photographs, CCTV images, and closure photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is determined as ordered in consideration of all the following circumstances. The favorable circumstances are determined as follows: recognition of a crime; recognition of a crime; the victim does not want the punishment of the defendant; the defendant's vehicle is covered by the comprehensive motor vehicle insurance; the disadvantageous circumstances that the defendant's vehicle is covered by the comprehensive motor vehicle insurance: the accident in this case occurred due to the negligence of the defendant in violation of the suspension signal; the injured party was serious; and the suspension of execution is the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on May 2, 2007.