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(영문) 대구지방법원 2020.10.22 2020고정1201
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 passenger car of B food 307.

On April 30, 2020, when driving the above vehicle at around 03:00, 142, and 200, the 142, the 2000 am left left from the gradical street.

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

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and taking into account the left and right of the front side of the motor vehicle and to prevent the accident in advance by safely driving the motor vehicle in accordance with the new subparagraph.

Nevertheless, even though the Defendant neglected to do so and the signal was changed to yellow signal, the Defendant continues to proceed at the same speed in violation of the signal.

The main part of the Dinna taxi in front of the defendant's driving vehicle, which was driven by the victim C (Nam, 42 years old) who started from the intersection to the direction of the yellow street from the river side of the waterway, was collisioned with the main part of the Dinna taxi in front of the driver's vehicle.

The Defendant suffered injury to the driver of the victimized vehicle C, such as salt ties, tensions, etc., which requires two weeks’ medical treatment due to occupational negligence, and the Defendant suffered injury to the driver of the victimized vehicle, such as salt pel, tensions, and tensions, which require four weeks’ medical treatment to the passengers E.

Summary of Evidence

1. The police statement of the defendant C on his legal statement, the actual situation investigation report, and the photograph of the accident site;

1. The signal system survey report and each diagnosis report;

1. Application of Acts and subordinate statutes to a report on investigation (for the verification of images of damaged vehicles)

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

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the degree of impact on the sentencing of Article 334(1) of the Criminal Procedure Act, victims’ injury is not serious.

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