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(영문) 인천지방법원 부천지원 2013.04.18 2013고정18
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in driving of C-on-line cargo vehicles.

On November 5, 2012, the Defendant driven the above vehicle around 14:10 on November 14, 2012, and proceeded at an influench speed, leading to the front side of the 'Yong Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju High School' at the Seocho Jeju Jeju High District, the front side of the 'Yong Jeju High School' at the Seocho Jeju High School.

At that place, there is an 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 neglected this and continues to proceed at the same speed in violation of the signal while the signal is changed to a stop signal.

The top part of the left side of the vehicle was driven by the victim D (the age of 44) running along the intersection from the left side of the proceeding direction to the right side by the victim D(the age of 44).

As a result, the defendant suffered from the above victim's negligence in the course of business, such as salt fluoral dynasty which requires two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of witness D, F and G;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to the traffic accident report, report on the occurrence of a traffic accident, accident site and vehicle photographs, and CCTV photographs and diagnosis 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant did not violate the signal and instead only received the Defendant’s vehicle in violation of the signal.

2.

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