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(영문) 광주지방법원 2016.03.03 2015고단4304
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 a passenger car B.

On August 16, 2015, the Defendant driven the above vehicle at around 07:50 on August 16, 2015, and directed the front intersection of D Company C located in Gwangju Mine District at the direction of 6:0 another parallel of way in the direction of 7:50, 2015.

At all times, traffic signal, etc. is installed and traffic control is performed, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely proceeding in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected the part of the front part of the Defendant’s vehicle due to the negligence in violation of the signal, and received the part on the left side of the F-car driven by the victim E (V, 43 years old) who is straight from the right side of the Defendant’s moving direction to the left-hand side of the road in accordance with the normal signals.

Ultimately, the Defendant suffered a variety of cages, including about six weeks cages, from the above occupational negligence, the victim E in need of approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouse is that the defendant drives in violation of the signal and the negligence is serious, and the victim suffers serious injury is disadvantageous.

On the other hand, the fact that the defendant agreed with the victim that the victim does not want to be punished by the defendant, that the vehicle of the defendant can be covered by the comprehensive automobile insurance and the damage recovery can be made considerably, that the defendant does not have been punished as a traffic crime before that time, and that there is no record of punishment or heavier than a fine.

3.2

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