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(영문) 광주지방법원 목포지원 2016.09.23 2016고정328
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a B-learning vehicle in the course of business.

On March 5, 2016, the Defendant driven the above vehicle at around 01:21, the Defendant inserted the four-lane road in front of D in Faging C, and moved directly from the street direction to the north port in the direction of North Korea.

At the time, the new wall time is the large, and there is a private-distance intersection in which signal lights are installed and operated normally.

On the other hand, a person engaged in driving of a motor vehicle had a duty of care to prevent accidents by safely driving the motor vehicle according to the direction of signal apparatus, such as signal lights, etc. and the surrounding traffic flow.

Nevertheless, the Defendant neglected this and neglected to stop prior to the entry into the intersection. However, when the Defendant violated the signal signals, and was due to the negligence of immediately entering the intersection into the intersection, the front part of the damaged vehicle, which was in the direct progress, was shocked by the front part of the Defendant’s driving vehicle.

Ultimately, the above occupational negligence caused injury to the E-W driver F (35) of the low-paid E-car driver, which requires a two-day medical treatment, such as acute clocks and chlouds, and to the Dong passenger G (37 tax) who was on board the Defendant’s vehicle along with the Defendant’s operation vehicle, such as a four-day medical treatment for about 6 weeks, or a multi-clocking clocks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. H Swit-distance suspenders;

1. Each written diagnosis;

1. Investigation reports (in the vicinity of the site);

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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