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(영문) 서울동부지방법원 2017.01.12 2016고단3609

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 of CRaba and freight cars.

On September 7, 2016, around 06:25, the Defendant, a Songpa-gu Seoul Olympic Games, had six lanes prior to the office distance of 319 Songpa-gu Seoul Olympic Games proceed to the left turn to the left at the seat of diving away from the locked distance.

In this case, there was a duty of care to safely proceed according to traffic signals after checking whether a person engaged in driving of a motor vehicle has a motor vehicle that reduces speed and passes the intersection.

Nevertheless, the Defendant neglected to do so and, even if the signal was changed to a stop signal from the yellow signal to the yellow signal, the victim D(57) who entered the intersection due to green signal from the negligent part of the signal violation to the intersection was driven by the victim D(57 ). The front part of the E-to-face driven by the E-to-face operated by the Defendant was sent to the right side of the cargo vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand slots and the alleys, which require approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes, such as field photographs taken by the police officer of the dispatched police officer, photographs to the part of a collision of vehicles under command, photographs to capture CCTVs before and after the occurrence of the accident;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Although the degree of injury to a victim for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, prior to the instant case, only the same type of crime has not been committed and only the one-time minor fine has been imposed, and the instant crime constitutes a criminal negligence and the piracy vehicle constitutes a comprehensive insurance policy, as well as the one-time comprehensive insurance policy has been agreed with the victim.