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(영문) 대전지방법원 천안지원 2016.10.27 2016고정481

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 Bsch Rexton vehicles.

On January 4, 2016, the Defendant driven the above vehicle at a speed of 21:30, and proceeded at the speed of the Sinan-dong, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, with the distance of terminal death from the surface of the tent to the surface of the terminal.

Since there is a place where traffic is controlled by signal apparatus, a person engaged in driving service has a duty of care to be done by signals.

Nevertheless, the defendant's negligence, disregarding the stop signal, led to the front part of the victim C (Nam, 60 years old)'s driving, which is left to the left by the new head, from the opposite side of the Madern Terminal, to the front part of the victim's vehicle.

As a result, the Defendant suffered injury in need of medical treatment for about 12 weeks, such as the Plaintiff’s occupational negligence on the left-hand plane and the pulverization of the abandonment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident and each entry of a report on internal accidents on the occurrence of the accident;

1. Statement and image of the actual condition survey report;

1. Each description of a written diagnosis (C) and written estimate (D);

1. Application of each video statute of a field map and on-site photograph;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated 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 provides that the defendant's negligence is serious due to a traffic accident caused by the victim's violation of the signal, and the victim suffers serious injury. Meanwhile, the defendant agreed to pay 7 million won to the victim an agreement, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the defendant's initial crime and reflects the defendant's age, character and conduct, environment, etc.