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(영문) 대전지방법원 천안지원 2013.04.25 2013고정175

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the driver of B rocketing private taxi.

Around 00:10 on November 18, 2012, the Defendant driven the above vehicle and proceeded at an aesthetic speed toward the side of the same 2-dong 4 apartment complex in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu.

At the time of the accident, the direction of the vehicle of the defendant at the time of the accident is a place where traffic is frequent, and the direction of the damaged vehicle was a yellow signal.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by checking the traffic situation and safety by temporarily stopping or slowly driving the motor vehicle before entering the intersection.

Nevertheless, the Defendant neglected this and proceed without temporarily and without violating the signal;

On the right side of the defendant's vehicle driving direction, the victim C (the age of 30) driven by yellow fluor under the yellow fluoral fluoral fluor is found and operated rapidly.

However, there was a conflict between the left-hand part of the vehicle driving by the victim and the front part of the vehicle driving by the defendant.

As a result, the defendant suffered injury to the victim by negligence in the course of business, such as the right-hand salt, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Articles 70 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 order of provisional payment are recognized to be erroneous, considering all the circumstances that form conditions for sentencing, such as the defendant's primary offender, the degree of negligence of the defendant, the age, character and conduct of the defendant, and environment.