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(영문) 서울중앙지방법원 2017.06.29 2017고정1016
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of two 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 a Crash and freight vehicle.

On November 25, 2016, the Defendant driven the above vehicle on November 25, 2011, and driven the four-lanes of the 173-ro Seoul Jongno-gu, Jongno-gu, Seoul, “Fero 4 household street” along the four-lanes from the 4-side bank to the 3-lane.

At the front of that place, there is an intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has the duty of care to check whether there is a motor vehicle traveling through the intersection by reducing speed for the person engaged in driving the motor vehicle, and by checking the front side well, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and continued to violate the signal while the signal is changed to the stop signal, and the front part of the victim D driving, which proceeds from the right side of the proceeding to the left side of the crossing in accordance with the new signal, conflict with the front part of the Defendant driving vehicle.

As a result, the Defendant suffered from occupational negligence on the part of the victim the injury requiring approximately 8 weeks of medical treatment, such as the cutting off of the upper half of the treatment days to the left-hand side of the treatment day.

Summary of Evidence

1. Statement made by the police against D;

1. A police fact-finding survey report and a report on the occurrence of a traffic accident;

1. Each police investigation report and internal investigation report;

1. CCTV image images, field photographs, and vehicle photographs;

1. A medical certificate;

1. The traffic accident analysis statement, paper 4 Ro-ro o-si [In full view of the evidence, it is judged that the traffic accident occurred due to the negligence that the defendant violated and proceeded, although the defendant had to change the vehicle to yellow signal before passing through the stop line.

Therefore, we do not accept the argument of the defendant and his defense counsel to the purport of disputing it.

Application of Statutes

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

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