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(영문) 의정부지방법원 2015.03.24 2014고단4128
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CSP car.

At around 20:15 on July 4, 2014, the Defendant came to turn to the right from the opposite side of the front intersection of the Jindo-ri 563-1 Grand apartment at Yangju-si.

Since there is a cross-section where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to the signals to those engaged in driving service.

Nevertheless, the defendant, while making a left turn in violation of the signal, has reached the front wheels part of the victim D(50 years old) driving which crosses the safety zone at the left side and enters the intersection to the intersection, with the front wheels part of the driver's vehicle.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim D (the 50-year old-old) such as catitiss that require approximately two weeks of medical treatment, and the Defendant’s vehicle driver F (the 54-year-old age-old)’s salt, tensions, etc. that require approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D (Simplified traffic);

1. Reports on traffic accidents (1, 2) and reports on the occurrence of traffic accidents (the initial operation);

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and 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 concerning criminal facts;

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

1. Selection of a selective fine (excluding punishment sentenced respectively for about 19 years and 22 years prior to the imposition of a fine), taking into account the fact that there is no record of criminal punishment, victim F and D, a smooth agreement between the victim F and D, a certain part of the occurrence of a traffic accident, the fact that the victim D has been negligent in the occurrence of a traffic accident, and the fact that the motor vehicle comprehensive insurance is subscribed,

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

1. The Criminal Procedure Act;

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