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(영문) 수원지방법원 2013.03.27 2012고정2769
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 3, 2012, the Defendant, as a driver of the low-speed passenger vehicle in C, was in progress at a speed of about 30 km/h of speed at the time of the death of the front-time killed party located in the Suwon-si Si on June 16:45, 2012, at a speed of about 30 km/h in the direction of the death front-time office.

It is the place where the color signal, etc. is installed.

In such cases, a driver has a duty of care to safely proceed according to the instructions given by signal apparatus at a place where signal apparatus is installed.

Nevertheless, due to the negligence of violating the signal, the victim's ENS driving Do road in the original direction, which was normally straighted at a speed of 5 lanes from the front line of the driver's car, was shocked in front of the front line of the driver's car.

In the end, the victim D and the victim F, who is the driver of the damaged vehicle, suffered injury in need of medical treatment for about two weeks due to the climatic salt, tension, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D or G;

1. Each police statement of D or G;

1. A traffic accident report;

1. A criminal investigation report (general);

1. A medical certificate (D, F);

1. Application of the Acts and subordinate statutes to CCTV photographs at the site of H gas station works;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order, asserts that the defendant's vehicle entered the intersection during the period in which the defendant's vehicle maintains the direct communication signal and thus

The key issue of the instant case is whether the Defendant’s vehicle was a yellow signal at the time of entry into the instant intersection, and thus, the issue is examined and decided.

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