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(영문) 대전지방법원 천안지원 2016.01.21 2015고정1067
교통사고처리특례법위반
Text

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 NF small-scale car.

On July 25, 2015, the Defendant driven the above vehicle on July 25, 2015, and proceeded at approximately 60 km from the new side of the new side of the Dong-dong to the original side of the new side of the Dong-dong.

Since the location is where signal, etc. is installed and the red signal was operated at the time, the person engaged in driving service has a duty of care to observe the signal and instruction by temporarily stopping.

Nevertheless, the defendant neglected such duty of care and was negligent in proceeding, and the victim C (51 tax) who was directly engaged in normal flaging from the waterside to the view of datum at the waterside, and was driven by the victim C (51 tax). The front wheel part of the D-wheeled Vehicle was driven by the defendant, and received the front wheel part of the D-wheel Vehicle.

As a result, the defendant suffered from the victim C in salt c, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Entry of the report;

1. Statement and image of a survey report;

1. Descriptions of a medical certificate;

1. Application of each of the video laws and regulations to field photographs and black stuffs images;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The fact that the reason for sentencing under Article 334 (1) of the Criminal Procedure Act (hereinafter referred to as the "Criminal Procedure Act") of the Criminal Procedure Act was a traffic accident caused by the negligence of the defendant by violating the signal, and the degree of the injury the victim sustained is minor;

It is difficult to see that the defendant has been sentenced to a fine once due to the same crime and has been sentenced to five times (one time of actual punishment, four times of fines) due to the crime of this type, on the other hand, the injured person does not want the punishment of the defendant, and on the other hand, the vehicle of the defendant is the association of taxi transport business associations throughout the country.

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