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(영문) 전주지방법원 2013.07.10 2013고정296
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 4, 2012, at around 10:10 on December 4, 2012, the Defendant driven a C Poter Cargo Vehicle, and proceeded straighten 3rd-distance at the entrance of Jeonju-gu, Jeonju-si, Jeonju-si, Jeonju-si, with an intersection from Jeonju-do to the gold-ro bank, and straightened as one-lane from among the third-lane roads.

Since the above place is a place where a signal, etc. is installed and operated normally, the defendant who drives a motor vehicle had a duty of care to safely drive the motor vehicle in accordance with the signal flow on the front side and prevent the accident in advance.

Nevertheless, while neglecting this, the Defendant, while proceeding with the red signal of the front side, found the victim D(33 years of age) E-port cargo vehicle that is going to turn to the left from the front side of the right side at the front side of the right side, and was driven rapidly, but the vehicle did not reach the front part of the damaged vehicle.

The Defendant, by the above occupational negligence, sustained from the victim D(33 years of age), approximately 2 weeks of medical care due to brain dead, and from the same victim F(53 years of age) the injury requiring approximately 5 weeks of medical care due to dynasium, closure, etc., including two dynasiums.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. G statements;

1. A survey report on the actual condition of a traffic accident, the scene of an accident, and the photograph of an accident vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268-1 of the Criminal Act, Article 40 and Article 50 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. Articles 70 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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