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(영문) 서울중앙지방법원 2015.06.10 2015고정1822
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a BMW vehicle on duty.

On December 22, 2014, the Defendant driven the above vehicle at around 19:57, and proceeded in accordance with the first lane among the second lanes of the Seodo-dong, Seocho-gu, Seoul at the Dokwon-dong, Seocho-gu, Seoul.

In this case, the defendant has a duty of care to drive safely according to the signal or instruction indicated by the traffic safety facilities.

Nevertheless, the Defendant, by negligence without stopping the above vehicle in accordance with the former stop signals, conflicted with the part of the back wheels of the Defendant’s vehicle that the victim C(55 years of age) driven by the new dK5-type taxi driving in the direction of the new string, according to the Mad-on normal signal, which was driven by the victim C(55 years of age).

Ultimately, the Defendant suffered injury, such as fluoral salt, in need of treatment for about two weeks by occupational negligence, to the victim.

Summary of Evidence

1. CWritten statement on the occurrence of a traffic accident;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. A report on investigation (booming image analysis);

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

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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