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(영문) 의정부지방법원 고양지원 2013.08.09 2013고단884

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

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

At around 12:50 on May 11, 2013, the Defendant proceeded with the three-lanes of the wall No. 1236, the wall No. 1236, Seosan-dong, Seosan-dong, Sungcheon-dong, Hocheon-dong, in parallel with the two-lanes of the wall No. 1236 from the Yancheon-dong.

At the time, the signal has been installed on the front door, so the defendant engaged in driving of the motor vehicle had a duty of care to prevent the accident by driving the motor vehicle safely according to the traffic signal while driving the motor vehicle.

Nevertheless, the Defendant neglected to operate a mobile phone in the vehicle and continued to find out the victim D (the age of 58) who was on the left side of the Defendant’s vehicle and dried up the bicycle on the left side of the vehicle in accordance with the pedestrian safety by negligence, even though the signal is changed to the stop signal of the vehicle. However, the Defendant did not avoid the vehicle and did not stop, and did not fit the part of the bicycle on the left side of the Defendant’s vehicle.

As a result, the Defendant suffered from the above occupational negligence that requires approximately eight weeks medical treatment to the victim, such as spine pressure.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnosis reports;

1. Article 3 (1) and 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 facts constituting an offense;

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act focuses on the degree of injury to the victim for the reason of sentencing of the provisional payment order, the fact that the defendant is the first offender and is against the confession of the crime, the vehicle being driven by the defendant is covered by a comprehensive insurance, and even though it is difficult for the defendant to carry out a comprehensive insurance policy, the defendant's age, character and conduct, family environment, etc. are all sorts of circumstances.