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(영문) 광주지방법원 2015.11.26 2015고단3251
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 24, 2015, at around 17:10, the Defendant operated the East-gu, Seocheon-gu, Seocheon-gu, Gwangju, to proceed from the east-gu, Seocheon-gu, 1 Complex.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving of a motor vehicle shall proceed in accordance with the signals, and have a duty of care to prevent accidents in advance by safely driving the steering direction and brake system, such as accurately operating the steering direction and brake system, etc. in a safe manner.

Nevertheless, the Defendant neglected this and even though the vehicle progress signal was changed to a stop signal, the Defendant was negligent in proceeding as it was, according to the new subparagraph, and the Defendant got off the back door of the victim C(W, 36 years old) driving D New Habur XD car, which proceeded to the intersection from the left side of the vehicle, to the right side of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim E (V, 9 years of age), and the victim F (V, 6 years of age) who was on board the victim C and the damaged vehicle due to the foregoing occupational negligence, such as satisf, tensions, tensions, etc. in need of medical treatment for about two weeks, and suffered injury to the same victim G (V, 9 years of age) by causing about six weeks of medical treatment, such as the closure of the inside and the floor.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of prosecutorial statement concerning H;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Application of five Acts and subordinate statutes to each written diagnosis;

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

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

1. Selection of an alternative fine for punishment;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act on the detention in the workhouse has gross negligence in breach of the signal, and the victim G suffered serious injury.

However, the victims agree with the victims.

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