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(영문) 서울동부지방법원 2014.03.28 2014고정454
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a Cworkuna car under his/her own possession, and is driving the above vehicle on the road front of the Songpa-gu Seoul Metropolitan Government 113-2, Songpa-gu, Songpa-gu, 113-2, driving on November 3, 2013 and driving one lane between the four-lanes in the direction of the distance of the director from the vicinity of the west-gu.

A stop was made in the red signal of the front.

At the same time the right turn to the left is an intersection where the signal, etc. is installed on the front side, and in such a case, the driver of the motor vehicle has the duty of care to reduce the speed for the person engaged in the driving of the motor vehicle, to ensure whether there is a motor vehicle traveling along the intersection, and to safely drive the motor vehicle according to the traffic signal, to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to turn the signal to the stop signal, but violated the signal, and went to the left at the right right-hand turn, and got the front right-hand part of the victim D(20 years old) driving ECA1105, which went from the right-hand side to the right-hand side of the vehicle of the Defendant driving at the speed of about 20 km to the speed of 30 km.

As a result, the Defendant caused the victim by negligence in the above business, and caused the victim to suffer from the injury of the slive slives that require approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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