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(영문) 전주지방법원 남원지원 2016.06.07 2016고정35
교통사고처리특례법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant (L) driven a rocketing car owned by the transportation company as his duties.

On December 16, 2015, at around 00:25, the Defendant driven the above vehicle at the intersection where the Do office 4, which is in the south city through the Do-si, a red-off signal, etc. is installed, and driven the above vehicle at one lane between two lanes in the direction of the Do-based post office in the direction of the Do-based post office in the area of the fifth apartment.

At that time, there is an intersection where a red-off signal is installed, so a person engaged in driving service has a duty of care to start safely when there is no vehicle driving ahead of the intersection while temporarily suspending in the front of the intersection, and there was a duty of care to start safely.

Nevertheless, the part of the victim D(46, south) driven by yellow on-and-off signal, etc. from the right side of the traffic signal to the right side by negligence of the signal violation while proceeding as it is without a temporary stop, and the part of the victim D(46, south) driven by Eschtonton car driving in the front part of the vehicle being driven.

In the above traffic accident, the victim D(46) suffered from the injury of tensions, tensions, etc., which requires approximately two weeks of medical treatment, and the victim F (15 years of age) who was on board the head of the damaged vehicle, with approximately two weeks of medical treatment. The victim F (15 years of age) suffered from the injury of tensions, tensions, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, accident scene, and vehicle photograph;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of tachographs);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act, the degree of negligence and economic circumstances of the defendant, the degree of damage to the victims, and the vehicle of the defendant are insured by the mutual aid association.

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