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(영문) 광주지방법원 2018.09.20 2018고단2752
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA taxi.

On May 5, 2018, the Defendant driven the above taxi at around 00:35, and proceeded to turn to the left the front of the Seo-gu Seo-gu, Seo-gu, Gwangju to the right-hand turn from the right-hand side of the Standing Zone.

Since there is a place where traffic is controlled by signal apparatus, the defendant engaged in driving of the motor vehicle has a duty of care to safely proceed with the signal and prevent the accident from occurring.

Nevertheless, the Defendant, by neglecting this, went through the intersection by entering yellow on-and-off signals in violation of signal, and thereby driving the above intersection by negligence, the victim F (38 tax) of the victim F (38) who was frighting in violation of the red signals signals from the leletum room in Gwangju.

GEAVVE125 Orala received the front part of the foregoing taxi as the back part of the defendant's driving.

As a result, the Defendant suffered injury to the victim in the above occupational field and the above 12 weeks of treatment, such as light franchising, light franchising, light flachising around the upper pelle of the upper pelle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Reporting of a traffic accident and reporting of a traffic accident (2);

1. Investigation report (including photographs and signal systems attached thereto);

1. Medical certificate (No. 11 No. Serial of the evidence list);

1. Application of statutes on field photographs;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not to be less than that of the victim’s injury for the reason of sentencing, and the traffic accident in this case is to be partially caused by the Defendant’s fault entering the intersection with yellow on-and-off signals, and thus, the degree of negligence cannot be deemed to be light. However, the victim’s driver is driving.

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