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(영문) 서울서부지방법원 2014.06.18 2013고정667

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On July 21, 2012, the Defendant, as a driver of a car-ice motor bicycle, driven the above motorcycle on or around 23:35 on July 21, 2012, and driven the four-lane road in front of Mapo-gu Seoul Metropolitan Government (D), at a speed of about 30km per hour in the direction of the same intersection in the direction of the same intersection. Since it is an intersection where signals are installed, a driver engaged in driving service has a duty of care to safely drive according to the traffic safety display or signals.

Nevertheless, the Defendant, in violation of the signal, suffered from injury such as "brain sugar", which requires approximately two weeks of medical treatment to the victim's G (e.g., 35 years of age) who was on the back side of the damaged two-time driver's license, after receiving the front of the FMW driver's license from the victim E (ma, 40 years of age) driving to turn to the left at the opposite side of the right-hand turn in the direction of the right-hand turn, and suffered from injury, such as "brain sugar", which requires about two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

1. Each written diagnosis;

1. As to the investigation report (as to the port of signal)

1. The comprehensive analysis of traffic accidents prepared by the Road Traffic Safety Authority;

1. Application of the video CD-related Acts and subordinate statutes

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;

1. Selection of an alternative fine for punishment;

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

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant: (a) sent the vehicle signal at the time of entering the fourth-lane road of Mapo-gu Seoul Metropolitan City, which is the location of the instant accident; and (b) video on the CCTV of HKa-gu, the area surrounding the accident, is merely about the progress of the vehicle in the vicinity of the site at the time, and is directly about the condition of signal lights