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(영문) 의정부지방법원 고양지원 2014.07.25 2014고단829

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 CM5 vehicle.

On March 1, 2014, at around 08:03, the Defendant driven the said car and proceeded along the intersection in front of the “Yaeng-gu Village” located in the Yongsan-gu Meal dong in the Goyang-gu, Yongsan-gu, Sinyang-si.

Since there is a cross-section where signal lights are installed, there was a duty of care to reduce the speed of persons engaged in driving motor vehicles, to live well on the front side and the right and the right, and to drive motor vehicles safely in accordance with signals.

Nevertheless, the Defendant neglected this and received the front part of the Defendant’s driving car from the victim D(60 years old) driving, which was left to the left in accordance with the new code, on the right side of the victim D(60 years old) by negligence in violation of the signal.

After all, the Defendant suffered from the injury to the victim D in the above occupational negligence for about eight weeks in the right upper frame, and the injury to the victim E (years 55) in the right upper frame that requires approximately ten weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident vehicle photographs and site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Victims E with heavy penalty);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which causes an accident and the degree of injury to a victim, is not provided for in the Act. However, the victims and the victims have not been punished by a unanimous agreement, and the defendants have no past criminal records.