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(영문) 서울남부지방법원 2015.03.25 2015고정567

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives B vehicles.

On November 25, 2014, the Defendant driven the above vehicle on November 25, 2014, and continued to drive it in front of the shooting distance of the D Hospital in Yangcheon-gu Seoul Metropolitan Government.

In that sense, there is an intersection where signal lights are installed at the front of that place, so the driver of the vehicle has a duty of care to reduce the speed and to check whether there is a vehicle passing through the intersection by checking well the right side of the road, and to safely drive the vehicle according to the traffic signal in advance to prevent the accident.

Nevertheless, the defendant neglected this and continues to proceed at the same speed in violation of the signal, even though the signal is changed to a stop signal.

From the right side of the proceeding to the left side, the upper part of the F car driven by the victim E(43 years of age, n) who was driven by the victim E(5 years of age, n) was collisioned with the front part of the car of the defendant.

Accordingly, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of stability for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accidents (E);

1. Reports on traffic accidents, and photographs of traffic accidents;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment;

1. Articles 70 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;