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(영문) 서울남부지방법원 2015.05.11 2015고정721
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of three 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 motor vehicle B with fishing boats as his/her duties.

On December 3, 2014, the Defendant driven the above vehicle at around 18:00 on December 3, 2014, and led to the accident at the intersection by driving two-lanes between the two-lanes from the long distance of telephone station to the long distance of the Yeongdeungpo-gu Seoul Metropolitan City.

Since it is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents by driving safely according to the signals.

Nevertheless, the defendant neglected this and caused the collision between the front side of the victim's E-wheeled vehicle and the front side of the defendant's vehicle, who was directly in accordance with the normal signal, from the right side of the road due to negligence when entering the intersection as is, disregarding that the vehicle's progress signal is changed to a stop signal.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on actual condition, a traffic accident occurrence report, and photographs;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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