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(영문) 서울중앙지방법원 2015.10.23 2015고정3630
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives B vehicles.

On July 28, 2015, the Defendant driven the above vehicle at around 03:20 on July 28, 2015, and turn to the left at the intersection where signals, etc. are installed while driving along the seven-lane road of 92-11, Gangnam-gu, Seoul, Chungcheongnam-gu, Seoul, toward the side of the Cheonggu-dong street.

In such cases, the driver of a motor vehicle has the duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and checking well the front side of the motor vehicle, and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the defendant neglected this and went to the left while making a left-hand turn in violation of the signal while the signal was a stop signal, and the part behind the D vehicle driven by the victim C, which was driven by the left-hand side, conflicts with the front-hand side of the defendant's vehicle.

As a result, the Defendant suffered, by negligence in the course of business, the injury to the victim C such as salt and tensions that require approximately two weeks of medical treatment, and the injury to the victim E, such as scam dynasium and tensions that require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on traffic accident (report on actual condition of traffic accident 1,2);

1. Photographs;

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

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 (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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