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(영문) 의정부지방법원 고양지원 2017.03.23 2017고정78

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 BM3 car.

On September 18:50, 2016, the Defendant driven the above car and continued to drive it at the entrance of the upper Yacheon Village bus stops located in the Sung-dong-dong, Simyang-si, Simyang-si, Simsan-si. The Defendant continued to drive it from the military unit to the entrance of the upper Yacheon Village.

Since the place is a place where traffic is controlled by signal apparatus, in such a case, a person engaged in driving service has a duty of care to safely drive the vehicle in accordance with the signals by reducing speed and properly examining the right and the right before and after the operation of the vehicle.

Nevertheless, the Defendant neglected to do so and received the front part of the DK5 car driving by the victim C (57) who was straight from the right side of the running direction of the horse to the port from the right side of the traffic of the Defendant when he was by negligence in contravention of the red signal signal, and was in front of the right side of the above SM3 car.

Ultimately, the Defendant suffered approximately four weeks of medical care due to occupational negligence, resulting in the Defendant’s injury to the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to photographs by cutting down a photograph related to an accident and images related to an accident;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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;