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(영문) 의정부지방법원 2019.02.14 2018고정1716
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

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 rocketing car.

On October 15, 2018, the Defendant driven the above car on October 15, 2018, while driving it at the speed of 05:32, the Defendant driven the road of one lane prior to C in order to make it impossible to know from the direction of the front intersection to the direction of the light distance.

Since the place is an intersection where the red signal has been installed, there was a duty of care to temporarily stop the person engaged in the vehicle driving before entering the intersection and drive the motor vehicle safely by checking well the right and the right and the right of the former.

Nevertheless, the defendant neglected to temporarily stop without temporarily stop, and caused the victim D (the age of 47) driven by the victim D (the age of 47) who was placed on the right side of the yellow flash signal, etc. from the left side of the running direction of the defendant to return the damaged vehicle to the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual survey report, the report on the occurrence of a traffic accident, the records of the accident, the site photograph of the accident, the site photograph, the report on internal investigation (on-site signal), the traffic signal management ledger, the statement of accident, the medical certificate, and the black image;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel held the issue of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order. The defendant temporarily suspended the right and the right and the right of the victim, and started well. Since the victim's driver's vehicle enters the Gap-in intersection and the accident of this case occurred, the defendant is the defendant.

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