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(영문) 서울동부지방법원 2018.04.13 2018고정308
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a two-wheeled motor vehicle.

On December 15, 2017, the Defendant driven a two-wheeled vehicle above 21:40 on December 15, 2017, and proceeded along the four-lane road in front of Songpa-gu Seoul, Songpa-gu, Seoul along the four-lane distance from the vicinity of the seat.

At the same time, there was an intersection where signal lights are installed, so in such a case, the driver of the motor vehicle has a duty of care to reduce the speed to the person engaged in the driving of the motor vehicle and to check whether there is a vehicle passing through the intersection by checking well the right and the right of the road and to prevent the accident by driving the motor vehicle safely in accordance with the traffic signals.

Nevertheless, the defendant neglected this and went beyond the floor when the victim D (29 ) who was driven by the E-Engine that was driven by the defendant in accordance with the new code from the left side of the running direction of the defendant due to the negligence of the defendant's failure in violation of the new code even though the signal was a stop signal.

As a result, the Defendant suffered injury to the victim, such as the right-hand satisfy, which requires approximately two weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A survey report on actual conditions;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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