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(영문) 의정부지방법원 2017.11.16 2017고정1997

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who drives B Star Co., Ltd.

On June 20, 2017, the Defendant driven the above vehicle at around 13:00, and led to the crosssection in front of the “Yanmam Village 16 Complex” located in the 420-ro, a city of the Gyeonggi-si, a city of the government of the Gyeonggi-do, and led to the progress of the vehicle at an irregular speed from the spotent to the ebbbs of the government.

At that time, since signals, etc. are installed, a person engaged in driving service has a duty of care to prevent accidents by driving in accordance with signals as the signal apparatus is well reported to the intersection signal and as the signal apparatus instructs.

Nevertheless, the Defendant neglected this and neglected to change the signal to an intersection to a stop signal, but it was due to negligence in violation of this, and caused it to go left from the intersection line to the left, and the front part of the D Bus in the victim C (W, 42 years old) driving car, who turn to the left from the intersection line, was shocked with the front part in front of the right side of the vehicle driving.

Ultimately, the Defendant suffered injury to the above victim, such as “two parts” requiring approximately three weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The criminal nature of the instant traffic accident, such as the occurrence of the instant traffic accident due to the negligence of the Defendant’s failure to follow the sentence of Article 334(1) of the Criminal Procedure Act, in violation of the signal, is not easy.

However, considering the fact that the degree of injury suffered by the victim is not obvious, that comprehensive insurance is subscribed to the defendant's vehicle, that the defendant's wife appears to have suffered the injury at the time, and other circumstances before and after the crime, etc.