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(영문) 수원지방법원 2016.08.31 2016고정1289
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 1.5 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 of a motor vehicle by borrowing B.

On April 10, 2016, the Defendant driven the said car on April 13:25, 2016, and proceeded at a speed of about 15 km per hour from the off-distance distance to the port of the permissible license test site in the Heung-gu New-dong, Young-gu.

At that place, there is an intersection where signal lights are installed.

In such cases, the duty of care to prevent accidents in advance by driving safely pursuant to the traffic signals, such as checking whether there is a vehicle that drives along the intersection by reducing speed and checking the front side of the road, etc.

Nevertheless, the defendant neglected the above duty of care and did not turn to the left despite the fact that the signal was a vehicle stop signal.

Pursuant to the new code, the part of the D's front part driven by the victim C, who is driving in the direction of the new distance from the boundary of the intersection, was shocked with the front right side of the Defendant’s driving.

As a result, the Defendant suffered injury to the victim C, such as light fat, which requires approximately two weeks of medical treatment, due to such occupational negligence, and at the same time suffered injury to the victim E, who was on the back seat of the Defendant’s driver, such as the fat of the fatum fat of the right fatt fat, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Application of traffic accident reports, traffic accident occurrence reports, copies of each diagnosis certificate, and Acts and subordinate statutes on the scene of accident;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the 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 Competition;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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