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(영문) 서울북부지방법원 2014.08.11 2014고정1361
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 27, 2014, the Defendant driving a Bchip car around 22:00, and proceeding along one lane from the 631-lane, Seongbuk-gu, Seoul, along the intersection of the string distance in front of the French-ro, Seongbuk-gu, Seoul, the Defendant turned to the left at a string speed.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to live well with the signal, etc. and to safely drive the motor vehicle in accordance with its signals.

Nevertheless, the Defendant neglected to turn to the right and received the front part of the Daltob, which the victim C (year 22) drives in accordance with the new subparagraph, from the right side of the vehicle of the Defendant, who was driven by the victim C (year 22) from the right edge on the right side of the vehicle of the Defendant.

Ultimately, the Defendant caused the victim’s injury, such as salt, tension, etc., in detail as to which treatment for about two weeks is required, by negligence in the course of performing the above duties, by causing the victim E (the aged 22) who was on board the above diversa, to suffer injury, such as dump, tension, etc., for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Each traffic accident report, each traffic accident occurrence report, and investigation report (the report on the confirmation of video image files);

1. A copy of each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to 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. 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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