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(영문) 춘천지방법원 강릉지원 2016.03.25 2016고정28

교통사고처리특례법위반

Text

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

If the above fine is not paid, the sum of KRW 100,000 shall be one day.

Reasons

Punishment of the crime

On September 2, 2015, the Defendant, who is engaged in driving of Csi, was driving the above taxi on September 2, 2015 at around 01:0, and led the front of the road to the intersection of the eroscop in Gangnam-si, from the ero middle school at the eroscop of the eroscopic apartment.

Since there is an intersection where a signal, etc. is installed, in such a case, the driver of the motor vehicle is able to look at the front side and the left and right of the motor vehicle well, and even if there is an occupational duty to safely drive the motor vehicle in accordance with the new code, the defendant, without properly examining the front side and the left and right of the motor vehicle, has driven the intersection by the negligence of driving the motor vehicle in the vicinity of the breadth, in violation of the signal while the vehicle signal is a red signal, while driving the intersection by drinking the motor vehicle in the direction

D Driving E K5 vehicle was driven by the Defendant on the left side of the taxi that the Defendant was driving with the front side of the taxi.

Ultimately, the Defendant suffered injury to the victim F (the age of 18) who was on the back seat of a taxi driven by the Defendant due to such occupational negligence, such as salt pans, tensions, etc. in the shoulder pipe that requires two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written statement;

1. The circumstantial report of the driver employed at the main place;

1. The signal system map;

1. Report on internal investigation (verification, investigation, etc. of black boxes);

1. On-site photographs of each accident;

1. Application of Acts and subordinate statutes to the F;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the amount of fine shall be determined, taking into account the following factors: the choice of punishment, reflectivity, and absence of special power; the defendant's age and volunteer service details for the same period; the circumstances leading to the occurrence of the accident in this case; the degree of punishment for drinking drivers;

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;