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(영문) 광주지방법원 2016.03.10 2015고정1921

교통사고처리특례법위반

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle that is 6 knife.

On October 24, 2015, the Defendant driven the above vehicle at around 15:02, and led the horses located in the Dong-gu, Gwangju to turn to the left from the north-gu, the intersection of the distance from the north-gu to the seat of the private library.

Since there was a cross-section where signal apparatus was installed, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely according to the new code.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal and received the part prior to the front part of the Defendant’s vehicle in front of the E-si driving seat of the victim D(62) who was going to go to the above intersection from the 2amb and east of the north-gu Office.

As a result, the Defendant suffered injury to the victim D and the victim F (23) who was on board the victim’s vehicle due to the above occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes related to traffic accidents, such as a survey report on actual condition, each medical certificate, and photographs;

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;