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(영문) 울산지방법원 2017.09.15 2017고정739
교통사고처리특례법위반(치상)
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a leisure car B.

On April 12, 2017, the Defendant driven the above car on April 23:39, 2017, and continued to drive the said car at a speed below the speed, one lane from the 1st place to the erost of the erost of the erostal elementary school in Ulsan-gu, Ulsan-dong, Ulsan-dong, to drive the said car at a speed.

At this point, traffic control is carried out in accordance with on-and-off signals of red light. In such a case, a person engaged in driving a motor vehicle was partly revised the facts charged to the extent that it does not harm the defendant's right of defense, as the person engaged in driving a motor vehicle was obliged to take a duty of care to prevent the accident in advance by temporarily stopping the motor vehicle immediately before the intersection and driving the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and did not temporarily stop before entering the intersection from the on-and-off line of the red light to the intersection, and followed by the negligence of the Defendant’s failure, from the right-hand side of the yellow on-and-off line to the intersection, the part of the victim C(W 39 years old) who entered the intersection from the yellow on-and-off line to the intersection was shocked by the front side of the car of the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral finites, in which there are no two main bodies in need of open treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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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