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(영문) 서울북부지방법원 2015.07.22 2015고정1509
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service with B 390C Domins.

Around 22:00 on April 16, 2015, the Defendant driven the above Otoba, and continued to drive the two lanes from D, the front four lanes located in Seongbuk-gu Seoul Metropolitan Government, at a speed of about 40 km from the direction of the citizens towards the direction of the street.

The place is the place where traffic is controlled by the traffic signal apparatus.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in accordance with the signals of the traffic signal apparatus while checking whether there is another motor vehicle traveling along the intersection by reducing the speed in advance and by properly examining the front left left.

Nevertheless, the defendant neglected to do so and is proceeding in violation of the signal.

At this time, the upper part of the Firing Motor Vehicle driven by the victim E (the age of 27) driven by normal signal in the opposite opposite lane was shocked by the defendant vehicle.

Ultimately, the Defendant, by occupational negligence, suffered injury, such as “finite chinite,” etc., which requires approximately two weeks of medical treatment to the above victim E, and injury to the victim G (24 years of age) who is the passenger of the damaged vehicle requiring approximately two weeks of medical treatment to the victim G (24 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement of the occurrence of each traffic accident in E and G;

1. A report on traffic accidents and a report on actual condition;

1. A photograph of the vehicle and on-site photograph;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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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