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(영문) 광주지방법원 2013.04.11 2013고정366
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives B-ro taxi for business use, and C is a person who drives D-ro vehicle.

On December 28, 2012, the Defendant driving the above vehicle at around 01:40 on December 28, 2012, and driving the two-way intersection in the flow-dong of Gwangjubuk-gu, toward the direction of the flow-distance distance from the right side of the road in the direction of the flow-distance. C driving the said vehicle at the above time and place at the above time and place, and driving the said vehicle at a speed of about 60km in the speed of about 60km in speed depending on three lanes in speed.

Since there is a private distance intersection with a signal apparatus, a person engaged in driving service has a duty of care to safely drive the signal in accordance with the signals.

Nevertheless, the Defendant and C neglected this and caused a collision between the front pan-wheel part of the Defendant A’s vehicle and the front part of the C vehicle’s driver’s seat by negligence in violation of the red signal.

Ultimately, the Defendant suffered injury to the victim E (the age of 35) who was a passenger of his/her own vehicle due to the foregoing occupational negligence, such as catum fat, etc., requiring a two-day medical treatment, and suffered injury to the victim F (the age of 20), G (19), and H (the age of 24) who was a passenger of C’s vehicle, for about two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding C (Simplified traffic);

1. Four copies of the accident site and the vehicle photograph, and two copies of the black stuff photograph;

1. Application of each written diagnosis (excluding 26 pages of investigation records) statute;

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;

1. Selection of an alternative fine for punishment;

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

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