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(영문) 서울동부지방법원 2020.05.12 2019고정1336
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of BPD125A.

On September 25, 2019, the Defendant driven the above Oral Ba on September 13:00, and proceeded along the five-lane road in front of Songpa-gu Seoul, Songpa-gu, Seoul along the three-lanes in the direction of the Olympic Park from the boundary of tin village to the direction of the Olympic Park.

On the other hand, there is an intersection where signal lights are installed, so in such a case, the driver of the Otoba has a vehicle passing through the intersection by reducing the speed of the vehicle to the person engaged in the Otoba, taking into account well the right and the right, and there was a duty of care to safely drive according to the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and, even though it was the red signal for the stop of the front side, the part of the left side of the victim D(38 years old) driving, ECA110S, which was conducted in violation of the above signal at five-lanes in the same direction as the right side of the victim D(38 years old), which was in violation of the signal as above, conflict with the Defendant's Otoba.

As a result, the defendant suffered multiple injuries to the defendant for about three weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D (Simplified traffic);

1. An on-site survey report and a traffic accident scene map;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

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 (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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