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(영문) 서울동부지방법원 2013.10.28 2013고단2048

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car B i30.

On June 28, 2013, the Defendant driven the above car on June 22 and 20, and led to a two-lane of the two-lanes of the 10 Samsung T&T intersection intersection in Songpa-gu Seoul, Songpa-gu, Seoul to proceed at a speed of 40km per hour from the area of the fall market to the area of the Olympic Games as it is.

At that time, the signal has been installed in the intersection and the signal has been installed and operated normally in each direction of the intersection, so there was a duty of care to safely drive the driver in accordance with the signal.

Nevertheless, the Defendant neglected this and caused the Defendant to enter the red signal as it is in violation of the signal, and caused the Defendant’s fault from the right side of the Defendant’s proceeding to the left side side of the victim C(the age of 47) drive DK5 si (the age of 47) driving on the right side side of the 5 si, which was proceeding in accordance with the new code, to the back side part of the said car that the Defendant drives.

As a result, the Defendant suffered injury, such as nuclear power plate-type marrouts on both sides, which require approximately six weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on traffic accidents and a report on actual condition;

1. Images, vehicle photographs and on-site photographs after a CCTV closure;

1. Application of Acts and subordinate statutes to a medical certificate and a detailed statement of repair expenses;

1. Relevant legal provisions concerning criminal facts, 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 Selection of Punishment, and Article 268 of the Criminal Act /

1. The instant accident with the reason for sentencing under Articles 70 and 69(2) of the Criminal Act is difficult to view that the Defendant’s negligence, which occurred by entering the intersection, even though the vehicle signal had already been changed to red signal, is less vulnerable to the Defendant’s negligence as to the occurrence of the accident itself, and that the degree of injury suffered by the victim of the instant accident is not easy.