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(영문) 대전지방법원 천안지원 2016.04.15 2015고단1989
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of five 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 driving the B-learning passenger car.

On September 22, 2015, the Defendant driven the above vehicle at around 13:50, and led the two-lanes of the two-lanes in front of the intersection at the distance of the 4-lane in the Asan hot Spring Do, Asan City, to drive the said vehicle at a speed of about 40km per hour, depending on the breadth of the hot spring basin in the vicinity of the new distance.

On the other hand, there was an intersection where signal lights are installed at the front of the road, so it was necessary to check whether a person engaged in driving of a vehicle has a vehicle passing through the intersection by reducing the speed and checking well the front side of the road, and to safely drive the vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, even though the Defendant neglected this and the signal was changed to a stop signal, the Defendant was negligent in proceeding in violation of the signal and received the front part of the front part of the vehicle driving by the Defendant, on the right side of the victim C (70 years old) who is driving the Madle to an intersection in accordance with the new code from the left side of the vehicle driving direction by the Defendant.

Ultimately, the Defendant suffered from an injury on the part of the victim due to the above occupational negligence, focusing on the blood, flaging from the external wound so that the number of days of treatment could not be known, and the Defendant suffered injury on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on occurrence of traffic accidents;

1. A traffic accident report;

1. Medical certificates and opinions;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to accident video images;

1. Relevant legal provisions concerning criminal facts, Article 3(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 the selection of fines;

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

1. The instant accident on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the Provisional Payment Order is reasonable as the Defendant’s negligence was committed in violation of the signal, and the victim’s degree of injury is disadvantageous.

However, the defendant is wrong.

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