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(영문) 대전지방법원 2017.12.22 2017고정1340
교통사고처리특례법위반(치상)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in driving of B rocketing vehicles.

On July 14, 2017, around 12:00, the Defendant followed the three-lane road in front of Daejeon Seodong-gu C in the direction of the research institute in Korea, leading to the direction of the apartment complex located on the side of the research institute.

The front of the place is an intersection with a red flickering on the direction of the vehicle under way, and a yellow flickering system is installed on the direction of the damaged vehicle.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check whether a motor vehicle has a motor vehicle traveling through the intersection after temporarily stopping at the intersection where a red on-and-off signal is installed, and to prevent accidents in advance by safely proceeding.

Nevertheless, the Defendant neglected to temporarily stop and proceeds as it is without temporarily stop, and the victim D (33 , n, n) who was straighted in a place where a yellow-off signal apparatus was installed in the direction of the Defendant’s vehicle operation, conflicts with the front left side of the vehicle by the Defendant’s front side.

As a result, the Defendant suffered injury to the driver of the damaged vehicle D (33 tax, female) by negligence in the course of performing his duties, such as salt ties, tensions, etc., which require approximately two weeks of treatment, and injury such as pulverization of flavers to the driver of the affected vehicle F (41 tax, male, and female) for about six weeks of treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis of victims;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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