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(영문) 인천지방법원 2015.01.16 2014고정4251
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On October 11, 2014, at around 18:30, the Defendant proceeded at a speed of about 50 km in time, depending on the two-lane between the three-lanes in the direction of the city-based market, in the direction of the city-based market.

At night, the above road is a place where the passage of motor vehicles is frequent and where the passage of the intersection is controlled by the signal apparatus, and thus, the person operating the motor vehicle at such a place has a duty of care to prevent traffic accidents by properly operating the steering gear and brakes, keeping the front and rear well, and passing through the intersection in accordance with the signals of signal apparatus.

Nevertheless, the Defendant was negligent in the course of business by failing to stop when the straight signal of the signal apparatus in the direction of the above intersection was changed from green light to yellow light, and going to the intersection without stopping, and by violating the signal as it was. The Defendant was driven by the victim C(24 years old) who driven from the right side of the direction of the Defendant’s driving toward the port from the right side of the said cargo vehicle.

Ultimately, the Defendant suffered, by its occupational negligence, salt and tensions, etc., from the victim E (the aged 25) who was on board the pertinent rocketing car, which requires approximately two weeks of medical treatment. In short, the Defendant suffered from each of the following: (a) marries and tensions, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to the actual survey report, accident-related photographs, and medical certificates;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

1. Article 40 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. The Criminal Procedure Act;

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