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(영문) 광주지방법원 2017.10.26 2017고정1098
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle in C.

On June 10, 2017, the Defendant driven the above vehicle at around 22:04, and led to the flow of the Seocho-gu road, which is located as the regular course of business in Gwangju-gu, along the three-lanes of the two-lanes in the direction of circulation from the waterside park to the 2-lane.

At that point, there was an intersection where signal lights are installed.

In this case, the driver of a vehicle has a duty of care to check whether there is a vehicle passing through the intersection by reducing speed and checking well the front side of the road, and to prevent the accident by safely driving according to the traffic signals in advance.

Nevertheless, the defendant neglected this and continued to proceed at the same speed in violation of the signal even though the signal is changed to a yellow signal from the straight line, and in violation of the signal to the right side from the left side of the proceeding direction, the victim D(54) who is driving the intersection by violating the signal to the right side, conflict with the upper part of the right side of the EH109.7C. 9.7C. 3C. driving by the defendant, the upper part of the right side of the vehicle driving by the defendant.

Ultimately, due to the above occupational negligence, the victim D suffered approximately seven weeks of treatment, such as the alleys, the alleys of the mouths, the mouths of the lower mouths, and the upper right frame.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A survey report on actual conditions;

1. Field photographs, etc.;

1. Medical certificate (D);

1. Application of Acts and subordinate statutes to report internal investigation (a signal system attachment);

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

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 provides that the first offender who has no record of committing an offense, reflects a crime, and the Defendant entered the intersection of yellow signal with both signal violations, and the victim cross-sections in red signal.

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