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(영문) 대전지방법원 천안지원 2019.07.09 2019고정268
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle for the Belgium master B.

On February 6, 2019, the Defendant driven the above vehicle on or around 16:45, and proceeded with D’s front intersection in Seo-gu, Seoan-gu, Western-si C at an aesthetic speed.

At that place, there is an intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has a duty of care to check whether a motor vehicle has a motor vehicle traveling along the intersection by temporarily stopping the motor vehicle in the intersection line or the crosswalk immediately before the intersection and reducing the speed and by properly examining the front side of the intersection, and to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, the defendant neglected this and received the front part of the damaged vehicle, which was sent to the left in the opposite lane, in violation of the signal to turn to the left, and received the front part of the damaged vehicle as the front part of the vehicle operated by the defendant.

As a result, the defendant suffered from occupational negligence the victim E such as cloud salt, etc. requiring two weeks of treatment, and the victim F, who is the passenger of the damaged vehicle, the cloud salt, etc. requiring two weeks of treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Each written diagnosis;

1. The application of the report on traffic accident, the report on actual condition, the photo of the vehicles boomers, the pictures of the vehicles boomers, and the Acts and subordinate statutes

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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order has caused the instant traffic accident in violation of the signal, and the defendant's negligence is disadvantageous.

It does not seem that the degree of injury of victims is significant, and automobile insurance.

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