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(영문) 대전지방법원 공주지원 2016.05.20 2015고단485
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is engaged in driving a EXE car.

On September 13, 2015, the Defendant driven the said car at around 18:50 on September 13, 2015, and led to the intersection of 000 square meters in the Cheongyang-gun, Cheongyang-gu, Cheongyang-gun, Chungcheongnam-do, to proceed toward the direction of the seat of the erode along the intersection in the direction of the intersection distance.

Since there is an intersection where signal lights are installed, there was a duty of care to safely operate the steering staff by accurately manipulating the steering gear and the steering gear in accordance with the signals.

Nevertheless, the Defendant neglected to do so while driving a red signal, and caused the part adjacent to the right side of the Defendant’s above vehicle by negligence in the course of business, which is facing the Defendant’s left side of the said vehicle, to the left side of the Defendant’s left side, and the victim C (W, 51 years old) driving on the left side of the Defendant’s vehicle in the above intersection in accordance with the new subparagraph.

Ultimately, the Defendant, by such occupational negligence, caused the victim C to inflict bodily injury on the victim C, such as cerebral alone, in which there is no open room for treatment for about 3 weeks, and damaged the Defendant’s her mother E (here, 10 years of age) by causing about 12 weeks of injury to the right-side bed in which treatment for about 12 weeks is required, and at the same time damaged the said A-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wing car worth KRW 2,495,183 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a report on investigation (a document attached to a black stuff accident video);

1. A written diagnosis, a estimate for repair of automobile insurance, a written request for the delivery of automobile parts, and a written request;

1. Application of field photographs, CD1-related Acts and subordinate statutes;

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 of the Criminal Act, Article 151 of the Road Traffic 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. The order of provisional payment;

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