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(영문) 광주지방법원 순천지원 2017.10.16 2017고정378
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 engaging in driving a rocketing car.

On April 18, 2017, the Defendant driven the above vehicle around 14:30, and moved the intersection in front of the front of the luminous middle school, which is located in the vicinity of the luminous city, to the north stop at a speed that cannot be known by two lanes from the direction of the luminous-si Library in the luminous-si.

In this case, the driver has a duty of care to safely drive in accordance with the traffic signals by looking at the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and followed the victim D's right side of the rocketing taxi operated by the victim D in accordance with the new subparagraph on the left side of the running direction due to the negligence by violating the red signals and crosswalks of the front side and the signal of the crosswalk as it is, and the right side of the car driven by the Defendant, into the front part of the left side of the car driven by the Defendant.

As a result, the Defendant suffered from the above victims D’s occupational negligence with approximately two weeks of tensions and tensions, and with respect to the victim E who was on board the damaged taxi, the Defendant suffered from the injury, such as base salt, tension, etc. in a trend requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of statement D or E;

1. A traffic accident report, the actual survey report, and the evidence and photograph of the traffic accident;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to an investigation report (report on the confirmation of violation of signalling vehicles);

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, and Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s assertion against the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was located in a place where the driver cannot be recognized.

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