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(영문) 창원지방법원 2014.08.26 2014고단1155
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 4, 2014, the Defendant, who is engaged in driving of a C-crin car, was driving the said car on April 19, 2014, while driving the said car and driving it toward the intersection of the sports site and the intersection of the sports site to the shooting distance from the distance of return.

Since there was an intersection where a signal, etc. is installed, there was a duty of care to safely drive the vehicle in accordance with the signals by reducing the speed and by properly examining the right and the right of the vehicle driver.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded with a red signal in violation of the new code, the Defendant received the left side of the two-wheeled automobile driving by the victim D(33 years old) who was driving the intersection from the center side of the playground third distance to the center side of the playground third distance.

As a result, the Defendant suffered injury, such as a ductal body felling, which was accompanied by a ducts that require approximately 16 weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report (1) actual survey report;

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

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

1. Selection of an alternative fine (i.e., reflectability, recovery of damage, exemption from punishment of a victim, absence of a previous record)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition in accordance with the sentencing guidelines of the Sentencing Committee under Article 334(1) of the Criminal Procedure Act for the provisional payment order.

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