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(영문) 서울북부지방법원 2016.05.26 2016고정737

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On January 24, 2016, the Defendant driven the above vehicle at around 04:05, and proceeded at a speed of 20 km in the direction of the new elementary school in the direction of the new elementary school at the jurisdiction of the Han-ro Hospital in the Han-ro, Dobong-gu, Seoul, the Do-ro, 192 Do-ro, an intersection of the private distance of 192 Do-ro, Han-ro.

Since the location is an intersection where signal, etc. is installed, there was a duty of care for those engaged in driving service to safely proceed in accordance with the signals.

Nevertheless, the Defendant neglected to do so and went straight from the right-hand side of the course to the left-hand side by negligence in contravention of the signal.

C (66) Any person who has been driven by this State

D Launta taxi has the right side of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim E (26) who was on board a passenger of the damaged vehicle due to the foregoing occupational negligence, such as brain salva, etc. requiring medical treatment for about three days, and injury to the victim F (57 years old), such as salva, salva, etc. requiring medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning vehicle and accident scene photographs, and two-vehicles CCTV images CDs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 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 Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;