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(영문) 대전지방법원 2013.07.17 2013고정922
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving B-si.

On September 26, 2012, around 15:35, the Defendant proceeded at a speed of non-speed in the city, depending on the two-lanes on the opposite side of the Seo-gu Daejeon, Seo-gu, Seo-gu.

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

In such cases, the driver of a motor vehicle has the duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and checking well the front side of the motor vehicle, and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the defendant neglected this and violated the signal while the signal comes to the left turn to the right turn, and conflicts with the front part of the DNA motor bicycle driven by the victim C(57 years old) who opened the intersection from the right side to the left-hand turn in accordance with the straight-on signal.

As a result, the defendant suffered injury to the victim due to occupational negligence, such as the internal side rupture, the left rupture, and the left rupture which require about 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of a medical certificate;

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 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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