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(영문) 서울중앙지방법원 2016.08.23 2016고정1899
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

On January 26, 2016, the Defendant driven around B around 08:40 on January 26, 2016, and was driving in the direction of the light apartment in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Since it is an intersection with a signal apparatus installed, a driver of a motor vehicle has a duty of care to live well around and drive the motor vehicle safely by observing the signal.

Nevertheless, although the defendant's vehicle signal was changed to yellow signal and it was impossible for the defendant to complete the crossing due to the characteristics of the vehicle in which speed strings the signal could not complete the crossing due to the cross-section before the signal was changed to red color, due to the failure in violation of the signal, and the victim C ( South, 51 years old) who proceeds in accordance with the straight line from the right side of the defendant's proceeding to the left side, and the part of the vehicle boom of the defendant's vehicle.

Ultimately, the Defendant caused the injury to the victim E (the 34 years old), a bus passenger of the victimized person due to the foregoing occupational negligence, such as the scam, tensions, etc., of the chill in need of the treatment for about three weeks; the injury to the cam, tensions, etc. to the same F (the 54 years old), which requires approximately two weeks of treatment; the injury to the cam, tensions, tensions, etc. to the same G (the remaining, 34 years old); and the injury to the same H (the 28 years old), which requires the treatment for about 10 days, to the right scam, so that the Defendant suffered from the injury, such as salt, etc. in the right scke, which requires the treatment for about 10 days, such I (the 41 years old and 41 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, I, H, G, F, and E;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on comprehensive traffic accident analysis and replies;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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