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(영문) 서울서부지방법원 2013.12.16 2013고정2453
교통사고처리특례법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 5, 2013, at around 15:41, the Defendant driven B rocketing car, and proceeded at about 40 km each hour in the direction of Yongsan High School in the direction of Yongsan High School at the seat of Yongsan High School, Yongsan-gu Seoul, Yongsan-gu, Seoul.

At the front of that place, there was a private street intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and checking the side well, and to prevent accidents by driving safely according to the traffic signal in advance.

Nevertheless, the Defendant, even though the signal installed on the front side was changed to yellow signal, violated the signal by entering the intersection to pass the intersection promptly, and conflict with the front part of the DNA taxi driven by the victim C who starts from the front part of the Seoul Station in the direction of the Seoul Station, from the south area of the mast, in order to pass the intersection rapidly.

As a result, the Defendant suffered from occupational negligence on the part of the victim E of the same passenger in the vehicle of the Defendant, the injury of extreme tear or heat that requires approximately four weeks of treatment, and on the part of the victim C, who is the driver of the above taxi, the victim of the cab, the driver of the above cab, the injury of the fluent base that requires approximately two weeks of treatment

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual condition survey report;

1. A general medical certificate for C;

1. Application of Acts and subordinate statutes to report internal investigation (Presentation of a medical certificate);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

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

1. Selection of an alternative fine for punishment;

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

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