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(영문) 대전지방법원 2020.04.02 2019고정1166
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 of Bchip motor vehicles.

On August 1, 2019, the Defendant driven the above vehicle at around 08:00, and led C to a direction from the direction of the new village distance to C, Seo-gu, Seo-gu, Daejeon.

In this case, a person engaged in driving of a car has a duty of care to prevent accidents by driving the car safely by safely examining the front side and the left side according to the new code.

Nevertheless, even though the Defendant neglected this and was changed to a stop signal in yellow light, the Defendant received the front part of the Ei30 vehicle driven by the victim D(25 years old) who was directly in accordance with the straight line from the fourth fourth distance to the middle of the yellow line, from the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. A medical certificate;

1. The application of each Act and subordinate statutes to the report on traffic accidents, the actual survey report, each chassis, the documents to be submitted by the suspect, and each video CD;

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

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant did not violate the signal, inasmuch as yellow light, etc. was found after the passage of the crosswalk stop line.

2. Determination

A. Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act provides that “1. Vehicles and horses shall have a stop line or crosswalk when there is a stop line.”

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