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(영문) 서울서부지방법원 2017.08.10 2017고정727
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 a Class B high-class truck.

On March 23, 2017, the Defendant driven the above vehicle around 08:50 on March 23, 2017, while proceeding one lane from five lanes in front of Yongsan-gu Seoul Metropolitan City to the intersection of the distance between South and North Korea, and became a Unton.

Since there is a signal apparatus installed, in such cases, a person engaged in driving service has a duty of care to live well with the signal lights and drive safely in accordance with the signals.

Nevertheless, the Defendant neglected to do so and received the front part of the victim D(37 tax) driving in accordance with green signals from the opposite direction when the Defendant was negligent in making a U-turn at the left turn, in violation of the signal to be sent to the left, from the front part of the Defendant’s driver’s vehicle.

Defendant 1 suffered injury to the victim, such as a ductating the left-hand body in need of approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the actual survey report, traffic accident situation report, diagnosis report, investigation report (in-house investigation), investigation report (CCTV analysis result), the current o’s ticket (in-distance intersection), and video CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and 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;

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 limited to the degree of injury suffered by the victim due to the instant accident, and the amount of fine equal to the summary order shall be determined in consideration of all the conditions of sentencing, such as the Defendant’s age, sex, environment, and the occurrence of the instant accident.

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