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(영문) 서울중앙지방법원 2016.03.24 2016고정27
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of three 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 Obane.

On November 19, 2015, around 02:35, 2015, the Defendant 2-ro 89 of Jongno-gu Seoul Jongno-ro, Jongno-gu, Jongno-ro, 89 had a shooting distance of 3 as the sponsing plane from the end angle to the end.

In such cases, the driver of a motor vehicle has a duty of care to check whether there is a motor vehicle traveling through the intersection by reducing speed and taking into account well the front side of the road, and to prevent accidents in advance by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, the Defendant neglected to stop the red signal of the front bank and proceeded to the intersection by entering the intersection. However, the Defendant received the left side of the victim C(51 tax) driving in front of the Defendant’s vehicle from the right side of the running direction of the Defendant’s vehicle (to the right side of the Cheongcheon River) to the left side (to the right side of the Cheongwon commercial road) of the victim C(51 tax) moving into the normal new line.

As a result, the Defendant suffered from the victim’s dysium, which requires approximately six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report, a traffic accident occurrence report, and on-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Penalty)

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is based on the following circumstances: (a) the Defendant’s age, environment, circumstances leading up to the commission of the crime, and circumstances after the commission of the crime; and (b) the punishment is determined as ordered.

The favorable circumstances: The defendant's act of violation of traffic signal is significant, the degree of injury is significant, and the victim's severe punishment is severe.

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