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(영문) 광주지방법원 2018.12.13 2018고정1175
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle for the purpose of driving C rocketing.

On September 13, 2018, the defendant driving the above vehicle at around 15:23 on September 13, 2018 and proceeded to turn to the left in the direction of both villages from the jurisdiction of the Office of Education of the City.

At all times, there was an intersection and crosswalk in which signal lights are installed.

In such cases, the driver of a vehicle has a duty of care to check whether there is a person who gets a vehicle or a road traveling along the intersection by reducing the speed and keeping the road well, and to safely drive the vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, the Defendant neglected this and went to the left while the signal is changed to the stop signal of the vehicle, and the Defendant is proceeding to the left in violation of the signal, and the part of the bicycle side of the victim D (59 years old) crossing the bicycle on the left side from the right side of the crosswalk to the left side of the bicycle crossing of the defendant's vehicle, and turned to the ground by collision with the front part of the left side of the vehicle of the defendant.

Ultimately, the Defendant suffered from the pertinent victim’s negligence in the course of performing the foregoing duties, such as the chille, chille, and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. Report on internal accidents (pacted telephone call);

1. A medical certificate;

1. A photograph at the scene of an accident, a photograph of an accident vehicle, and CCTV-cape images;

1. Application of Acts and subordinate statutes to the result of viewing CCTV CD reproduction;

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

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