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(영문) 수원지방법원 여주지원 2016.09.20 2016고단710
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

At around 12:50 on June 1, 2016, the Defendant was a person who is engaged in driving a car Benz S350, and was driving a car at around 2:0 on June 1, 201 to turn to the left at the speed of about 30 km from the west-ri side of the Cheongju-Eup along a two-lane 2nd line of the Cheong-do located at the right side of the city.

At this point, there is a space where a red on-and-off signal is installed, so in such a case, there was a duty of care to make a person engaged in driving of a motor vehicle pass through the intersection by making a temporary stop and keeping the right and the right of the motor vehicle well after the temporary stop.

Nevertheless, the Defendant neglected this and did not temporarily stop on a red on-off signal and did not stop on it, and got off the front part of the body car by the victim C(W, 44 years old) who normally proceeds from the same glick distance to the same glick road, which was driven by the Defendant, with the left part of the said body car.

Ultimately, Defendant 1 suffered injury to the victim, such as a felbage, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. On-site photographs;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the degree of injury of the victim for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not be somewhat weak, on the other hand, the defendant's criminal act is committed against himself/herself, the victim does not wish to punish him/her, the victim's negligence in yellow on-and-off signals or not temporarily suspended has contributed to the occurrence of the accident and the expansion of the result of the damage. The defendant prior to the crime of this case.

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