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(영문) 대전지방법원 홍성지원 2015.01.27 2014고정281
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in driving a liquid sports cargo vehicle B.

On October 14, 2014, the Defendant driven the above vehicle at a speed of about 30 to 40 km from the red side of the accident opening distance in front of the Hong-gun Hong-gun, Hong-gun, Hong-gun, Hong-gun, the Defendant proceeded at a speed of about 30 to 40 km each hour.

At all times, there is an intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and checking the side well, and to prevent accidents by driving safely according to the traffic signal in advance.

Nevertheless, the defendant neglected this and continues to proceed at the same speed in violation of the signal, even though the signal is changed to a stop signal.

From the left side of the proceeding direction, the part of the right side of the D 49C Malaysia driven by the victim C(72 years of age) who is proceeding to the intersection in accordance with the signals was collisioned with the front part of the vehicle by the defendant's left side.

As a result, the Defendant suffered from an injury to the victim by negligence in the course of his duties, such as fluoral salt, which requires treatment for about two weeks, and the Defendant suffered from damage to the victim E (the 66-year-old and female) who was accompanied by the fluoral seat on the back of the fluorial vehicle, which requires treatment for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

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

1. Application of Acts and subordinate statutes of C and E;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with a more severe penalty);

1. Selection of an alternative fine for punishment;

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

1. The order of provisional payment;

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