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(영문) 광주지방법원 2015.05.26 2015고정423

교통사고처리특례법위반

Text

1. The defendant shall be punished by a fine of 2,500,000 won;

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 engaged in the duty of driving a Cren car car.

On January 6, 2015, the Defendant driving the above vehicle at around 17:37, and speeded down at a speed of 10km by using four-lanes in the direction of the post office in the direction of international hotel opening from the seat of the international hotel.

At all times, there is an intersection where signal lights are installed.

In such a case, the driver of a motor vehicle has a duty of care to check whether there is a motor vehicle traveling along the intersection by reducing speed and checking well the front side of the road, and to prevent the accident by safely driving according to the traffic signal in advance.

Nevertheless, the defendant neglected this and continues to proceed at the same speed in violation of the signal while the signal is changed to a stop signal.

From the Jinong-dong bank, the victim D(n, 29 years old) driving the intersection in accordance with the new subparagraph in the direction of the South Mine market was shocked by the front gate of the vehicle driven by the defendant.

As a result, the Defendant suffered from the victim D and the victim F (the age of 33) who was accompanied by the above occupational negligence in approximately two weeks of injury, such as climatic salt, etc. which requires a two-day medical treatment, and at the same time suffered from the victim G (the age of 71) who was accompanied by the vehicle driven by the Defendant at the same time a approximately six-day medical treatment to the victim G (the age of 71) who was driven by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. Application of Acts and subordinate statutes to the de facto survey report, evidence photograph, and medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;