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(영문) 대전지방법원 천안지원 2017.09.14 2017고정457
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant shall drive a motor vehicle frequently or frequently.

On November 02, 2016, the Defendant driven the above car at around 06:40 on a 06:40, and led to the left-hand turn from the north-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, to the front-hand turn from the left-hand side of the cultural center. At this point, the Defendant was a intersection where a red flickering is installed.

In such cases, the driver of a motor vehicle has a duty of care to safely enter the intersection after taking into account the situation of traffic by living well at the front side and the right-hand traffic and stopping before entering the intersection.

Nevertheless, the defendant's negligence of neglecting this and led the body of the victim D (73 years old) crossing from the right side of the vehicle driving by the defendant to the left side of the vehicle driving.

In this accident, the victim suffered injuries to the right side, such as the frame, closedness, and the right side of the upper pelel group, which require approximately 8 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol (D);

1. A traffic accident report (on-site investigation report) and black and video CDs attached thereto;

1. Reporting on the occurrence of a traffic accident and intensity at the scene of a traffic accident;

1. On-site photographs of the traffic accident scene, red-round and flickering signal closure photographs of the moving direction of the vehicle;

1. A medical certificate;

1. The type, method of creation and installation standards of signal lights, response to factual inquiries (the defendant and his defense counsel asserts as follows:

(1) The provision that a red light shall be temporarily stopped is in the attached Table of the Enforcement Rules of the Road Traffic Act, and there is reasonable ground that the defendant was unaware of the provision and was unaware of the provision.

② There is no relation between the instant accident and the Defendant’s red light on-and-off signal violation.

First of all, Article 16 of the Criminal Act provides that a person's act of misunderstanding that his act does not constitute a crime under Acts and subordinate statutes shall not be punishable only when there is a justifiable reason for misunderstanding.

“The provisions contained in this section shall be as follows.

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