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(영문) 대전지방법원 천안지원 2016.03.10 2016고정107

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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 B knife cargo vehicles.

On October 3, 2015, the Defendant, at around 20:40, proceeded at a speed that would not be known depending on the sexual underpassing of the road of the Corporation located in 517, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, about 2015.

Since there is an intersection where signal lights are installed at the front of that place, it is necessary to check whether a vehicle engaged in driving service has a vehicle passing through the intersection by reducing the speed and checking well the front side of the vehicle, and there was a duty of care to safely drive the vehicle in accordance with the traffic signals to prevent accidents in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed in violation of the signal while the signal is changed to the stop signal of a vehicle. However, the Defendant received the part on the right side of the victim C (V, 50 years old) who opened an intersection on the left-hand side of the Madon truck and then was placed on the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of C’s statement on the occurrence of traffic accidents;

1. Entry of the traffic accident report;

1. Statement and image of the traffic accident report;

1. Descriptions of the reply letter;

1. Application of video-related Acts and subordinate statutes to accident scene and vehicle photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 334 (1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant was negligent in violating the signal and the degree of the injury the victim suffered is minor;

It is difficult to see, and the defendant 4 times as a crime of different types.