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(영문) 서울동부지방법원 2016.07.19 2016고정1057
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 Bchip car.

On January 9, 2016, the Defendant driven the above vehicle at around 23:30 on January 23, 2016, and started driving the signal signal at the first way in order to turn to the left in the direction of making three lanes in front of 1626 shooting distance from the vocational training center at the seat of the vocational training center.

Since there is an intersection where signal lights are installed at the front of that place, in such a case, a person engaged in driving service has a duty of care to live well on the front side and the left side, and to prevent accidents in advance by driving safely in accordance with traffic signals.

Nevertheless, even if the vehicle signal has been changed to yellow signal, the Defendant neglected this, but did not turn to the left in violation of the signal, and conflict with the front part of the Defendant’s vehicle with the front part of the victim C(56 Do, South) who entered the intersection and proceeded with by the victim C(56 Do, South) who entered the intersection.

As a result, the Defendant suffered, by negligence in the course of business, the injury to the victim C, such as cryp finites, which requires approximately two weeks of treatment to the victim E (71 years of age, south) who is the passenger of the victimized vehicle, and the injury to the two parts of the same passenger FF (63 years of age, south) which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of each police suspect against the accused and C;

1. A statement prepared by the F;

1. Application of the actual condition survey report, traffic accident occurrence report, each diagnosis certificate, vehicle photograph, on-site photograph, and CCTV image statutes to any witness CCTV;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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