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(영문) 창원지방법원 2019.05.15 2019고정155
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a taxi vehicle B for K5 business purposes.

On December 8, 2018, the Defendant driven the above vehicle at around 23:50 on December 23, 2018, and led the D Licensed Real Estate Agent C located in Jin-gu, Jinwon-si, Jin-si to E-section from the moving intersection to E-section.

Since the location is a private road crossing, and a stop sign is installed on the right side of the road, the driver of the vehicle engaged in driving the vehicle has a duty of care to reduce the speed of the vehicle, to reflect the side and the right, and to temporarily stop the vehicle immediately before the intersection in accordance with the above signal sign, and to prevent the accident by safely driving the vehicle to the intersection after considering the traffic condition of the vehicle traveling along the intersection in accordance with the above signal sign.

Nevertheless, the Defendant neglected such duty of care and went through the intersection without a temporary suspension as it was due to the negligence of entering the intersection without a temporary suspension, and the part of the G Driving, who was directly in the slope from the intersection to the Fside, was shocked by the lower part on the right-hand part of the Defendant’s vehicle’s left-hand part.

As a result, the Defendant suffered from the victim I (the 64 years of age) who is a passenger of his own driver's vehicle, "the cage of 1 cage cage cage cage cage cage cage cage cage cage sage cage

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a traffic accident report, a field photograph of the accident, a fact-finding report, a signboard photograph at the scene of the accident, or a photograph of a black image;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The negligence of not taking necessary measures, such as temporary suspension, in the course of entering the intersection while proceeding with a narrow frame for sentencing under Article 334(1) of the Criminal Procedure Act.

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