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(영문) 대구지방법원 김천지원 2016.11.22 2016고정480

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 is engaged in driving a BM5 vehicle.

On June 24, 2016, the Defendant driven the above car at around 21:00, and led to the turn to the left at the eth of the Gu road from the eth of Simosan to the eth of the Gu road.

Since there is a long distance crossing where signal lights are installed, the defendant has a duty of care to drive in accordance with the signals.

Nevertheless, the defendant neglected this and failed to make a left turn in violation of the red signal, and caused the victim C(20 years of age) who was placed in the green signal to take an action in order to avoid a collision with the victim C(20 years of age) who was placed in the gold-free protection from the view of the gold-free distance.

The Defendant, due to the above occupational negligence, suffered from an injury such as a shoulder fat, etc., which requires medical treatment for one week.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The actual condition survey report;

1. A copy of a medical certificate;

1. Application of related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are the first offender, and the fact that the victim agreed with the defendant is favorable to the defendant. However, the above circumstances appear to have been determined by the fine as considered from the time of issuing the summary order. In full view of all the circumstances, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the amount of fine in the summary order is too high.

Therefore, the punishment is determined as ordered.