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(영문) 제주지방법원 2016.06.16 2016고정234

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant driving a passenger car of B, around 22:00, at the low speed, and reached four distance prior to D in the Jeju city where a signal, etc. is installed, in the light of the light-line from the open side of a bus terminal to the open side of a bus terminal. In such a case, the Defendant, as a driver, has a duty of care to ensure that the Defendant should proceed along the intersection signal in accordance with the signals as he instructs the signal apparatus and prevent the accident from occurring due to a smoke.

Nevertheless, the Defendant neglected to do so and caused the collision between the Defendant and the Defendant’s front right side of the vehicle driving and the victim E (the 16-year old-age-old)’s non-registered gate of the cross-city bus terminal in front of the front side of the vehicle driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the victim’s need for approximately three weeks of medical treatment, and other specified parts of the victim and the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of related Acts and subordinate statutes to photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, caused the instant accident while making a U-turn in violation of the signal, and the negligence is not weak, and that it did not reach an agreement with the victim is disadvantageous to the Defendant.

However, the defendant confessions the crime of this case and repents his mistake, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, the fact that there is no particular record of the crime except for the case of fines sentenced twice due to the crime of this type, and the defendant's person.