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(영문) 대구지방법원 2018.07.10 2018고정493

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 service of Samsung Q125.

On March 28, 2018, the Defendant driving the Obaon as of March 16:25, 2018, while driving the Obaon in order to turn to the left at a speed of about 20 to 30km each hour from the direction of the Nbag-gu Nowon-gu, Daegu along the four-lane direction of the Obag-distance.

In such cases, since a person engaged in driving service is an intersection where signal lights are installed, there was a duty of care to turn to the left according to the new code.

The Defendant neglected to turn to the left due to the negligence in violation of the signal, and proceeded along one lane in the direction of the driving distance from the driving distance to the driving distance, but left to the driving direction of the selling market in accordance with the signal at the right angle at the intersection of the intersection, and the above part of the driving Estst or another car of the victim D(64 years old) driving to turn to the left to the driving direction of the selling market in accordance with the signal at the right angle.

After all, due to the above occupational negligence, the Defendant suffered injury to the victim D, i.e., f., the 15-day catitis, etc., during the treatment period, from the victim F (V, 65 years old) of the back-to-side caton during the treatment period of approximately 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. A criminal investigation report and an investigation report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of an alternative fine for punishment;

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

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