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(영문) 광주지방법원 순천지원 2016.08.11 2016고단747
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car.

On April 10, 2016, the Defendant driven the above car at around 10:00, and made the intersection of the 139-day Manyang-ro Manyang-ro to turn left to the right from the direction of the radio village between the two sides of the light.

Since there is a cross-section where signal lights are installed, a person engaged in driving service has a duty of care to safely turn to the left according to the new code.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal, and received the part of the D- which was driven by the victim C, who was in a straight line under the new code, on the right-hand side of the said high-speed car.

As a result, the Defendant suffered from the above occupational negligence that requires approximately 12 weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of a traffic accident;

1. A investigative report (forCCTV readings), and a signal cycle chart;

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 According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order shall be determined by taking into account the following factors: (a) the fact that the injured person does not want the punishment of the accused in agreement with the injured person; (b) the accused has no criminal records of the same kind and imprisonment without prison labor or any heavier punishment; and (c)

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