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(영문) 수원지방법원 안산지원 2015.03.27 2015고단196

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On August 20, 2014, the Defendant driven the above car at around 20:30 on August 20, 2014, and driven the 784 Seoul Metropolitan Government Women's Welfare Apartment road at an irregular speed along the 4-lane road from the front of the 784 Seoul Metropolitan Government Women's Welfare Apartment at the distance of the police station to turn to the left.

Since there was an intersection where signal lights are installed, there is a duty of care to check whether there is a vehicle passing through the intersection prior to the left turn, check the traffic signal and prevent the accident by left turn.

Nevertheless, the Defendant neglected this and received the front part of the E-to-land driven by the victim D, who passed the intersection in accordance with the straight line due to the negligence of the left-hand turn while disregarding the change of the vehicle signal to the right-hand turn, as well as the front part of the E-to-hand vehicle driven by the victim D, who passed the intersection.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as mination of the left-hand executives in need of treatment for about 16 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (on-site survey report), an accident vehicle photograph, an investigation report (the results of checking the image of the black box, etc.), and a signal cycle status table;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Fine)

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

1. Circumstances favorable to the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order: An agreement is made with the victim, circumstances that have no criminal records: The degree of injury suffered by the victim is serious, and other factors such as the age, character and conduct, environment, etc. of the defendant;