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Reasons
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(영문) 울산지방법원 2013.10.17 2013고단2570
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 21, 2013, the Defendant is a person who is engaged in driving a B-hand car, and operated the said car on April 21, 2013, and led to a three-lane intersection in front of the bus terminal in Yangsan-si, Yangsan-si.

Since there is an intersection where a signal apparatus is installed, there was a duty of care to safely drive a person engaged in driving a motor vehicle, such as making a left-hand turn turn turn according to the signals of the signal apparatus.

Nevertheless, the Defendant neglected this and was driven by the victim C(28 years of age) who was in the right side of the car driven by the Defendant in the direction of the car driven by the victim C(28 years of age) who was driving in one lane from the direction of the water-related inserting in the direction of the water-related insertion, when the Defendant was negligent by the occupational negligence of the straight line, in violation of the signal.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim, such as the alleys of the upper left-hand knee floor, the upper right-hand knee, etc., and the injury to the victim E (V, 46 years old), who is the passenger of the Defendant’s car, for about seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Police fact-finding report and photographs related to accidents;

1. Application of Acts and subordinate statutes of C and E;

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 (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Heavy C);

1. Selection of an alternative fine for punishment;

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

1. An accident caused by a defendant's violation of signals given the sentencing reason of Article 334(1) of the Criminal Procedure Act is heavier than the victim's injury.

However, the victim A agreed with the victim.

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