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(영문) 서울동부지방법원 2013.03.28 2013고정459
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 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who has driven a motorcycle B CA100 which he/she owns in his/her business.

On November 15, 2012, around 15:10, the driver has driven the above motorcycle at a three-lane from the Alsan Station of Gwangjin-gu Seoul Special Metropolitan City, 93-13, and the driver has driven the above motorcycle at an insular speed in accordance with six-lanes of the direction of the Alsan Station in the direction of the Alsan Station.

In such cases, since the signal is an intersection where a signal is installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, due to the fact that the electric vehicle signal is red, the front part of the bicycle driven by the victim C(52 years old) who enters the intersection from the right side of the moving direction to the left side of the Arasan Station, and the front part of the above motorcycle became the collision.

In the end, the victim suffered injury that requires approximately five weeks of medical treatment, such as cage cage cages at the left by the above negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Application of the medical certificate, each photographic statute;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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