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(영문) 의정부지방법원 고양지원 2014.04.17 2014고정395
교통사고처리특례법위반
Text

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

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 November 20, 2013, the Defendant driven the above vehicle at the speed of 17:00 on November 20, 2013, and proceeded along the intersection of the shooting distance in front of New Zealand, which is located in the east-gu, Busan Metropolitan City, Mangyeong-gu, along the five-lane distance from the right edge of the port to the outer intersection.

Since there is a place where traffic is controlled by signal apparatus, in such a case, a person engaged in driving service has a duty of care to reduce speed and drive safely in accordance with the signals.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding with a stop signal, disregarding that the vehicle progress signal is changed to the stop signal, and the front wheel part of the D Two-wheeled Automobile driven by the victim C(27 years of age) who is driving from the right edge to the right edge of the said car was driven by the Defendant, with the front gate of the said car driven by the Defendant.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence during approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement of C (Evidence Nos. 10);

1. The actual condition survey report;

1. A medical certificate;

1. Photographs of an accident vehicle;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. The provisions of Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Fines) of the Criminal Act do not apply to cases where a public prosecution is not granted under the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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