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(영문) 서울서부지방법원 2017.07.04 2017고정315
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B rocketing taxi cars.

On December 26, 2016, around 00:20 on December 26, 2016, the Defendant proceeded four lanes of the five-lane road in Yongsan-gu Seoul, Yongsan-do, Seoul, at the speed of about 10K/h in the direction of the city in the south of the west-gu, Seoul.

It is an intersection where a signal apparatus is installed.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle that drives the motor vehicle along the intersection by reducing speed and checking well the direction of the road, and to prevent the accident in advance by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, despite the fact that the Defendant was the red signal whose front signal was suspended, the Defendant entered the intersection to the right side of the Defendant’s moving from the front direction to the front side of the victim D(20 years old) who was driven by the victim D(20 years old) who entered the front side of the front side of the instant car, and led the victim to go beyond the ground floor.

Defendant 1 suffered injury to the victim due to such occupational negligence, including but not limited to the left-hand son who requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Application of a survey report, traffic accident occurrence report, diagnosis report, black booms statute;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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