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(영문) 서울중앙지방법원 2015.10.06 2015고정2871

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person driving a new card B ML280 vehicle. A.

On October 31, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was proceeding in two lanes between the two-lanes in the direction of the new forest path from the area of the grance distance in the city of the Gwanak-gu Seoul Special Metropolitan City.

The location is a private intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and checking the side well, and to prevent accidents by driving safely according to the traffic signal in advance.

Nevertheless, the defendant neglected this and tried to walk the crosswalks over the yellow signal in violation of the yellow signal, and conflict with the victim C (Nam, 19 years old) who walked on the crosswalks from the right side of the defendant's vehicle to the left side of the crosswalks on the right side of the road.

As a result, the defendant suffered by negligence in the course of business the injury, such as ‘influoral salt,' which requires stability for three weeks.

B. The Defendant violated the Road Traffic Act, at the same time and at the same place as the foregoing paragraph, destroyed the victim’s property requiring KRW 1,158,000 for repair costs, by collisioning D-wheeled vehicles driven by the same victim for the same reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the occurrence of each traffic accident;

1. Application of the Acts and subordinate statutes of a written diagnosis (C) and a written estimate;

1. Article 3 (1), 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 and Article 151 of the Road Traffic Act concerning criminal facts;

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 (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;