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(영문) 창원지방법원 통영지원 2016.01.05 2015고단1119
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 4,000,000.

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 a low-speed car.

On September 5, 2015, the Defendant: (a) driven the said car at a speed of 0:06, and reported that the electric light signal was changed from the right-hand turn to the right-hand signal at the right-hand turn at the intersection of the 2nd line of the right-hand turn at the top of the 2nd line of the 2nd line at the right-hand turn-on, in violation of the signal; (b) due to the negligence of the victim C (n.e., the 52 years old) driven under the straight line at the right-hand turn-on on the adjacent right-hand side of the car; (c) suffered from the victim C with the top of the above high-speed sports car (n.e., the upper part of the 4 weeks back of the car; (d) the injury of the victim (n.e., the 52 years old), Defendant 4 years old and the pressure of the victim (n. 5 years old); and (d) Defendant 4 years old and the pressure of the victim necessary for the treatment of the vehicle, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 selective fines for punishment (the following factors favorable to the reasons for sentencing shall be considered):

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Unfavorable circumstances: The crime of this case is committed in violation of signal and resulting in a traffic accident and thus, the nature of the crime is not good. - The victims have not been punished due to their agreement with the victims, and the victims have received considerable amount of insurance money from the comprehensive insurance in which the defendant has joined.

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