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(영문) 대전지방법원 2012.10.12 2012고단1766
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving the C&L car volume.

The Defendant driven the above vehicle at around 23:00 on January 30, 2012, and runs the intersection from the direction of the rooftop to the Home Puger in front of the 4th Ga-dong in Daejeon Dong-gu, Daejeon.

They turn to the left.

Since there is an intersection where a signal, etc. is installed, there is a duty of care to safely drive according to the signals.

Nevertheless, the Defendant neglected this and got off the front part of the victim D's Esulben City (CC) driven by the victim's Esulben City (CC), which was proceeding from the opposite direction to the opposite direction of the Defendant's driving vehicle, due to the negligence of violating the signal and making a left left turn.

The Defendant, due to the above occupational negligence, inflicted injury on the victim D, such as climatic salt, etc. requiring a medical treatment for about two weeks, suffered injury on the victim F, who is the passenger of the damaged vehicle, about two weeks of the injury, and at the same time damaged the damaged vehicle in an amount equivalent to KRW 32,635,270 of the repair cost, such as exchanging the damaged vehicle, etc.

Summary of Evidence

Witness

F, G, and D each legal statement

1. Part of each police interrogation protocol against the defendant

1. Each police statement made to F, D, G, and H;

1. Each written diagnosis;

1. Written estimate;

1. Reports on traffic accidents, actual condition survey report, and signal frequency table;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1), proviso of paragraph (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Destruction and damage of fruits: Article 151 of the Road Traffic Act; and

1. Selection of a penalty provided for in Articles 40 and 50 of the Criminal Act (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with the largest sentence of punishment and punishment)

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

1. The instant accident is not intentional but negligent for sentencing of Article 334(1) of the Criminal Procedure Act.

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