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(영문) 의정부지방법원 2018.12.12 2018고단4173
교통사고처리특례법위반(치상)
Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a low-speed car.

On May 17, 2018, the Defendant driven the said car at around 14:07, and was straighted toward the direction of the Government at the entrance of the entrance of the upper frame at the office of “E” located in Spocheon-si D, at the entrance of the upper frame.

At that time, there was a duty of care to check whether a person engaged in driving service has a vehicle at the intersection or not, and to safely proceed in accordance with the signals without impeding the course of the vehicle in normal signals.

그럼에도 피고인은 이를 게을리 한 채 적색 신호에 신호를 위반하여 직진한 과실로 마침 진행방향 좌측에서 우측으로 좌회전 신호에 유턴하던 피해자 F(52 세) 이 운전한 G 쏘나타 승용차량 조수석 옆 부분을 위 차량 앞부분으로 충돌케 하였고, 그 충격으로 피고 인의 차량이 튕기면서 진행방향 우측에 인도를 보행하던 피해자 H(79 세, 여) 을 충격하였다.

Ultimately, the Defendant sustained injury to the driver of the victimized vehicle by occupational negligence on the part of the Defendant, which requires approximately three weeks of medical treatment, such as chill chills and tensions, and the Defendant suffered injury to the driver of the victimized vehicle before the pulverization of cream chills, which requires approximately 12 weeks of medical treatment to pedestrians H.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. A written statement;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the victims suffered an injury due to a violation of the considerable duty of care by the defendant who violated the signal, and the victim suffered an serious injury among them.

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