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(영문) 창원지방법원 마산지원 2021.03.26 2021고정22
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 17, 2020, the Defendant driven a B SP-type car around 21:39 on October 17, 2020, and led to the intersection of the front distance of D in Changwon-si, a member of Changwon-si, to the E from the synthetic distance.

There was a place where traffic was controlled by the vehicle signal apparatus, and the vehicle signal apparatus was a red light on and off, so the driver had a duty of care to observe the signal and to prevent accidents in advance by accurately manipulating the front and right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded without temporarily suspending immediately before the entry into the intersection, and caused the victim F. ( South, 49 years old) who was proceeding from the right side of the direction to the left side of the intersection to shock the front part of GK7 driving in the front part of the said Switzerland.

Ultimately, the Defendant suffered from the injury of the victim H, who is a passenger of the victim F and K7 vehicles, due to the foregoing occupational negligence, the victim H ( South, 15 years old), who is a passenger of the victim F and K7 vehicles, each of which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of each medical certificate and CCTV image-faging Acts and subordinate statutes;

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

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

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The Defendant’s failure to temporarily suspend the instant traffic accident at the intersection of the red on-and-off signals is attributable to negligence, even though the driver of the victimized vehicle has to pay due attention to other traffic while driving the victimized vehicle at the intersection of the yellow on-and-off signals.

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