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(영문) 서울동부지방법원 2014.03.26 2014고정51

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a driver of B SP car.

On October 24, 2013, the Defendant driven the above car at around 17:16 on October 24, 2013, and turned down directly from the south of the east-ro to the ebbdo 4-lanes in front of the Central Park of Songpa-gu, Songpa-gu, Seoul, as the 66-lanes.

Since there is an intersection where traffic signal, etc. is installed, a person engaged in driving service confirms whether there is a vehicle passing through the intersection by checking well the front side of the vehicle, and without neglecting the duty of care to prevent an accident by safely driving according to the traffic signal, despite the fact that there was a duty of care to prevent an accident by safely driving according to the traffic signal, the front part of the victim C(62 years old) driving, which was left left in violation of the signal in the opposite direction, was shocked by the front part of the vehicle of the defendant.

As a result, the Defendant, through occupational negligence above, suffered from satisfinites requiring treatment for about 3 weeks, and the victim E (the 42 years old), who is the passengers of the vehicle of the Defendant, suffered from satfinites and satfinites requiring treatment for about 12 weeks, and the victim F (the 38 years old) suffered from satfinites requiring treatment for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspect C;

1. E statements;

1. The actual condition survey report;

1. Application of each written diagnosis (E, F, C) statute;

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 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;