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(영문) 대전지방법원 천안지원 2015.09.04 2015고정540
교통사고처리특례법위반등
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

A. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who drives a B SP vehicle owned by himself/herself.

On January 10, 2015, at around 02:50, the Defendant made a left turn to the left at the road of three-lanes from the direction of the Gu police station to the direction of the bad distance.

The driver of any motor vehicle at the intersection where a signal, etc. is installed has a duty of care to operate the motor vehicle according to the signal and instruction displayed by the traffic safety facilities.

Nevertheless, while the Defendant neglected the above duty of care and made a left turn on the front red signal, the Defendant suffered injury in need of medical treatment for about six days to the victim E (year 22) who is a taxi passenger due to a collision between the front left part of the D-si and the front part of the vehicle driven by C, who was in the front green signal.

B. The Defendant violated the Road Traffic Act (driving) driving approximately 500 meters from the vicinity of the Amsan-dong bus terminal at Amsan-dong at the time and at the above place, while under the influence of alcohol by 0.113% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Entry into the actual condition of traffic accidents, the report on the state of driving, and the report on the control of drinking driving; and

1. Each description of the written confirmation of hospitalization and the written statement of diagnosis and treatment;

1. Application of each video statute to images of the accident site photograph and the accident-related photograph;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the maximum penalty for concurrent crimes within the scope of the sum of the maximum amount of the punishments prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment: Provided, That the lowest penalty shall be

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