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(영문) 대전지방법원 2016.10.06 2016고정935

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person driving a B-car.

On February 20, 2016, the Defendant driven the above vehicle on February 21:38, 2016, while driving the said vehicle at a speed below the speed in the speed of the city, using the second line road in the direction of the agricultural and fishery product market in the upper apartment direction of the Daejeon Seodong-dong apartment.

Since there is an intersection where signal lights are installed at the front of that place, in such cases, a person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by checking well the front side and the left side.

Nevertheless, the Defendant neglected this and received the rear part of the victim C(49 years old)'s D urban bus driving, which was proceeding to cross-section from the left side of the course of the collision to the right side of the road in accordance with the new code, from the negligence of proceeding to the stop signal, in front of the above vehicle.

As a result, the above victim suffered injury such as salt dynasium, tension, etc. in need of treatment for about two weeks.

2. The Defendant did not take necessary measures after the accident, even though he damaged property equivalent to approximately KRW 270,050,050, such as the fluoring and repairing of the damaged vehicle due to the above traffic accident at the same time and at the same place as paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A traffic accident inspection report, photographs of the scene of the accident, photographs of the accident vehicle, etc.;

1. One incident video and photograph CD;

1. Application of the Acts and subordinate statutes of medical certificate (C) and written estimate for damaged vehicles;

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, Article 148 and Article 54(1) of the Road Traffic Act (the point of taking measures not to be taken after accidents, the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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