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(영문) 광주지방법원 목포지원 2017.11.30 2017고정462
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B with low bid.

On June 12, 2017, the Defendant, located in Sinpo City, Sinpo City, 352 around 04:35, led to an accident at the intersection by proceeding the market-private distance intersection from the direction of MBC Broadcasting Station to MBC University.

At the time of late night, the surrounding area was difficult, and there was a duty of care to prevent accidents in advance by safely driving the signal light and the surrounding traffic flow as a person engaging in driving of a motor vehicle, because the signal was an intersection where the signal was normally operated, so if the person engaged in driving of a motor vehicle intended to drive a motor vehicle, he had a duty of care to look at the signal light lights and the surrounding traffic flow, and to prevent accidents in advance.

Nevertheless, the Defendant’s electric signal, etc. was red, so it was difficult to enter the intersection due to the negligence of the sudden progress, even though it was not possible to enter the intersection, and the part of the Defendant’s driver’s seat, which led to conflict between the front part of the Grand Cross and the Defendant’s driver’s seat.

Ultimately, the Defendant, at the above occupational negligence, suffered from Cone Star Motor Vehicle Drivers D (V, 68 years old), approximately 2 weeks of brain-dead, etc. with no open two addresses, which require approximately 2 weeks of medical treatment, brain-dead, etc. to Lone Star Motor Vehicles E (V, 74 years old), and suffered from F (V, 72 years old) a shoulder that requires approximately 4 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement;

1. A report on the occurrence of a traffic accident, a traffic survey report, and related photographs;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (verification of any violation of signal);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

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 (2) of the Criminal Act to attract a workhouse.

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