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(영문) 의정부지방법원 고양지원 2014.04.10 2014고정336
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle B in the course of business.

On October 25, 2013, at around 12:54, the Defendant driven the above cargo, and turned to the right-hand turn at a speed of about 30 km as soon as possible at the right-hand turn on the right-hand signal from among three-lanes on the right-hand side of the driving bridge between the Plaintiff and the right-hand turn.

At this point, since a signal apparatus is installed and traffic control is carried out, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals of signal apparatus by reducing speed and by properly examining the right and the right of the signal apparatus.

Nevertheless, the defendant neglected this and caused the victim C(45 years of age) driver's Do- Unmanned car who was at the right side to turn to the left by the negligence of violating the signal to turn to the right, and caused the victim C(45 years of age) to rapidly operate the car in order to avoid the accident.

Ultimately, the Defendant suffered injury to the victim E (the age of 51), the same F (the age of 51), and G (the age of 41) by occupational negligence as above, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to photograph a victim's driver's vehicle booms image data;

1. The provisions of Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing bodily injury by occupational negligence) do not apply to cases where a public prosecution is not granted under the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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