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(영문) 대전지방법원 홍성지원 2015.11.06 2015고정234

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

The defendant is engaged in the duty of driving the Crash vehicles.

On May 8, 2015, the Defendant driven the above vehicle at a speed of 40 to 50km on the side of the new teachers’ distance, driving from May 8, 2015, leading to the direction of the Taecheon High School at a speed of 40 to 50km each hour.

There are signals, etc. at all times.

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 continues to proceed at the same speed in violation of the signal even though the signal was a stop signal.

On the right side of the victim D(19 years old, n) driving with the right side of the vehicle under the victim D(19 years old, n) that turn to the left at the right side of the vehicle in the direction of the proceeding, conflict with the other side of the vehicle.

As a result, the Defendant suffered from the climatic salt, etc. for two weeks respectively, to the F (12 years of age and remaining) who was accompanied by the above victim and the damaged vehicle due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal 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;