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(영문) 서울북부지방법원 2013.06.26 2013고정471
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who drives a cargo vehicle of one ton of his/her own CFps.

On October 18, 2012, the Defendant driven the above vehicle at around 18:15, and proceeded along the two-lanes in the direction of the Tyang-12 distance intersection from the songyang-gu, Seoul, Gangnam-gu, Seoul to the 3-lane in the direction of the Tyang distance from the syang-gu, Seoul.

Since there is a remote distance in which a signal, etc. is installed, a person engaged in driving of a vehicle has a duty of care to safely drive the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and was negligent in entering the yellow ray intersection in violation of the signal and immediately straighted as it is, due to the negligence, the Defendant received the part of the victim D driving in front of the victim chip XG private taxi in accordance with green signals in the direction of the U.S. Green in the U.S. basin, and received the front door of the above vehicle driving.

As a result, the Defendant: (a) inflicted injury on the victim D, such as clinal salt, etc., requiring approximately one week medical treatment on the victim D; and (b) inflicted injury on the passenger F of the said taxi, such as clinal salt, requiring approximately two weeks medical treatment on the passenger F of the said taxi.

Summary of Evidence

1. Each legal statement of witness D, F and G;

1. Part concerning D's statement of the police interrogation protocol of the defendant (second time)

1. Each police statement made to D or F;

1. Statement of the occurrence of each traffic accident in D and G;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Report on hearing of each statement;

1. Each written diagnosis;

1. A signal modernization system;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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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