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(영문) 대전지방법원 논산지원 2015.11.06 2015고단411
교통사고처리특례법위반
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 is a person who is engaged in driving a car Bi30.

On June 3, 2015, the Defendant driven the said car at around 15:00 and proceeded to the left right-hand turn from the Daejeon to the front of the official promotion distance.

At this point, since it is an intersection where signal lights are installed, a person engaged in the driving of motor vehicles has a duty of care to drive motor vehicles safely according to signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left without neglecting the stop signal, and was driven by the victim C (the 40-year-old) in front of the car in front of the Defendant’s vehicle, which was driven by the victim C (the 40-year-old) who was straightly in violation of the signal one-lane between the 2-lane and the 2-lane to Daejeon.

Ultimately, the Defendant caused the victim to suffer injury, such as an influence to the left-hand side in need of approximately 10 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the defendant and C with the police officer;

1. Application of Acts and subordinate statutes of a traffic accident report, traffic accident report, scene photograph of the accident, diagnosis certificate, written request for entrustment, and the next red inquiry report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines concerning criminal facts;

2. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention in the workhouse are as follows: (a) the Defendant committed the above traffic accident by violating the signal and sustained a relatively serious injury to the victim; and (b) thus, such illegality cannot be deemed small.

However, the defendant is prognating the crime in depth, the victim also violated the signal and resulting in the above traffic accident, so he cannot be responsible only to the defendant. The victim agreed with the victim that the victim does not want the punishment of the defendant, the vehicle operated by the defendant has been subscribed to a comprehensive automobile insurance, and the defendant has so far.

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