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(영문) 대구지방법원 2013.05.22 2013고정758

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On February 6, 2013, the Defendant operated a car as Branchi as of February 23, 2013, and continued to proceed to an intersection where a signal, etc. is installed in front of the new market in the Daegu Suwon-gu.

At all times, there was a duty of care to proceed to a person who is engaged in driving of a motor vehicle due to an intersection where signal, etc. is installed.

Nevertheless, while the Defendant neglected and proceeded in violation of the signal at one-lane from the claim four-lanes on the water four-lanes, the Defendant: (a) was driving by the victim C(53 years old) in front of the restaurant cafeteria; (b) the rear pant part of the motor vehicle for Madet other business in the front part of the motor vehicle; and (c) caused the injury to the victim for two weeks prior to the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a copy of diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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;