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(영문) 광주지방법원 2016.12.15 2016고정1264
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-est car.

On March 20, 2016, the Defendant driven the above vehicle on March 20, 2016, and led the front of the dong Fire Station, which is located in the 208-ro of Gwangju Dong-gu, to the front of the Jindong fire Station, from the 5-ro off to the Jinju household distance range.

At the time of the defendant's proceeding, the signal of the red flashing is operated, so in such a case, a person engaged in driving service has a duty of care to temporarily stop immediately before or after the stop of the stop line or crosswalk and to safely proceed with other traffic while paying attention to the other traffic.

Nevertheless, the Defendant neglected to temporarily stop without temporarily stop, and due to the negligence of the Defendant, the part of the victim D (year 57) driving in accordance with the yellow ray No. 57 years old from the right side of the running direction to the left side of the Defendant’s vehicle was shocked into the front door of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim D and the victim F (V, 19 years old), G (V, and 19 years old), respectively, due to the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. A written statement of I;

1. Traffic accident reports, investigation reports (applicable reasons for the violation of signal), each diagnosis report, and the application of each statute of photography;

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

1. Articles 40 and 50 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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