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(영문) 울산지방법원 2014.10.21 2014고정1367
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On January 9, 2014, at around 08:45, the Defendant made a left turn to the East-gu Hospital at approximately 40 km from the direction of Taecheon-gu, Ulsan-gu.

Since there is an intersection where a signal apparatus is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the front part of the DNA car driven by the victim C(35 years of age) who was directly engaged in the Maz car from the side of the Madern Confucian School with the same speed due to the negligence of continuously proceeding in violation of the signal while the cross-road signal is changed to a stop signal.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the victim E (age 35) injury, such as flick flicks and tensions, which require approximately two weeks of medical treatment to the victim C, along with the victim’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of traffic accidents prepared C;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier penalty);

1. Selection of an alternative fine for punishment;

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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