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Reasons
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(영문) 창원지방법원 2015.07.22 2015고정616
교통사고처리특례법위반
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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 B knife vehicle.

At around 00:20 on February 10, 2015, the Defendant came to proceed in accordance with the intersection of private distance in front of the Gyeongnam bank located in the Gyeongnam-dong, Kimhae-si, Kimhae-dong, Kimhae-dong, Kimhae-dong, Kimhae-dong, Kimhae-dong, Kimhae-dong, Kimhae-dong, and one-lane.

At this point, as an intersection with a red on-and-off point, there was an obligation of care to safely drive by taking into account the right and the right and the right and the right and the right and the right and the right and the speed of the driver.

Nevertheless, the Defendant neglected to do so and found the DNA rocketing taxi that was driven by the victim C(53 years old) who was driven by the victim C(53) at the left-hand side by neglecting and proceeding red flickering signal, and received the front part of the damaged vehicle as a part of the left-hand part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to victims E (the aged 48) who were on the back seat of the above taxi for about four weeks of treatment, such as base salt, tensions, etc., in need of treatment for about three weeks, and injury to victims F (the aged 41) and G (the aged 42) who were on the Defendant’s driver’s vehicle in need of treatment for about three weeks of treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. A written diagnosis for each victim;

1. Application of statutes on site and CCTV photographs;

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. Article 334 (1) of the Criminal Procedure Act.

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