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(영문) 수원지방법원 안산지원 2015.07.08 2015고정243

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

The Defendant is a person who is engaged in driving a motor vehicle of Category C, Launa or III.

On October 17, 2014, the Defendant driven the above vehicle and driven the above vehicle at a speed of about 20 km in the speed of the Sim apartment in the direction of the arm's length, in order to move down the two-lanes of the distances under the direction of the beginning of each runway, the Defendant proceeded at a speed of about 20 km in the direction of the arm's length in the direction of the arm's length.

At this point, a signal has been installed, and the vehicle to make a bypass should reduce the speed in advance in advance and safely make a bypass to the right edge, but the defendant neglected to do so, and violated the crosswalk and by negligence bypassing and bypassing the signal, the victim D driven by the victim D in accordance with the above vehicle driving signals at the left side of the road driving direction, suffered injury, such as "brain," which requires a treatment for about three weeks, while the bicycle driven by the victim D in accordance with the above vehicle driving signals going beyond the hand frame to the left side in order to avoid the above vehicle volume.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. A traffic accident-related statement of E;

1. A traffic accident report;

1. An accident site photograph and photographs related to each traffic accident;

1. Traffic modernization at the accident site;

1. A medical certificate;

1. A written estimate (the defendant and his defense counsel asserted that the defendant's vehicle operated by the victim is not exceeded the car operated by the defendant. However, according to the above evidence, such as the victim's consistent statement at the investigative agency and court, witness's statement, accident scene photograph, etc., the legal application of the law is sufficiently recognized as the fact that the victim was in excess of the victim's vehicle to avoid driving by negligence

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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 shall not be less than that of the provisional payment order.