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(영문) 대구지방법원 경주지원 2015.03.26 2014고정316
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who drives a motor bicycle BL125 (hereinafter referred to as “Defendant vehicle”) on duty.

On September 23, 2014, the Defendant driven the Defendant’s vehicle at around 19:30 on September 23, 2014, and proceeded to turn to the left at the left from the alcheon North-rop of Alcheon-ro in the direction of the Seoul Arts Center.

Since there is a place where a red on-and-off signal is installed, a person engaged in driving service has the duty of care to be able to drive safely by temporarily stopping on the stop line.

Nevertheless, without neglecting this, the left turn to the left without temporarily stopping the stop line, and the part of the victim C (Nam, 52 years old) driving from the Seoul High School room to the Seoul High School is collisioned with the front part of the defendant's vehicle.

Therefore, the injured person E (n, 53 years old) suffered two-time injuries from the driver C (ma, 52 years old) of the victimized vehicle due to an acute climatic flaf, etc., the driver of the affected vehicle C (ma, 52 years old) of the climatic flaf, tension, etc., and the driver F (n, 49 years old) of the damaged vehicle for 2 weeks of the climatic flaf and the tension.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Investigation report (the diagnosis report of a victim, agreement, and insurance for subscription to a suspected vehicle);

1. Application of statutes on site photographs;

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 (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with the largest penalty);

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. An agreement is reached between the victims of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and the Defendant’s economic activities after the instant crime.

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