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(영문) 제주지방법원 2015.12.04 2015고정983

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

At around 08:20 on July 20, 2015, the Defendant driven CJ 3 passenger cars at C, which led to the passing of the intersection from the sloping to the intersection of the sloping-ri 3605-9, Seopopo-si, Seopo-si, Seopo-si.

Since there is an intersection with a signal, a person engaged in driving service has a duty of care to check prior to the entry into the intersection and prevent accidents by driving safely in accordance with the signals.

Nevertheless, the Defendant neglected the above duty of care, and due to the negligence of entering the intersection while the vehicle signal prior to the entry into the intersection was red signal, and due to the negligence of entering the intersection, the victim D(W, 55 years old)’s Efrad car driving under the new line from the seaside side to the non-hill 1st village. The Defendant received the front side of the above frad car in front of the said frad vehicle.

Ultimately, the Defendant suffered from the Defendant’s injury, such as pressure pressure duplicating L5 parts in need of approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to traffic accidents prepared D;

1. A survey report on actual condition, internal investigation report (Attachment to photographs, such as vehicles involved in accidents), and signal system for the place of accident;

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

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

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 of the provisional payment order;