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(영문) 대전지방법원 2016.07.14 2016고정529
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On January 30, 2016, the Defendant was driving a CVM125 Solar Round as his duties, and the Defendant was driving at a speed of about 30 km in the speed of about 50 km from the Chinese apartment to the south of the Seo-gu Daejeon Metropolitan City, by using four-lane roads on the north of the Seo-gu Daejeon Metropolitan City.

Since there is a distance crossing where a signal, etc. is installed, in such cases, the driver has a duty of care to safely proceed with the accident after checking whether a vehicle is in progress in another direction by stopping all times before entering the intersection, and checking whether a vehicle is in progress in another direction.

However, the defendant neglected this and did not stop a red on-and-off signal in violation of the signal and did not stop, and the victim D (e.g., 56 years old) who proceeded directly from the right side of the course to the left side with a yellow on-and-off signal, which was driven by the victim D (e.g., 56 years old) in front of the left side of the E-learning car volume driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Comprehensively taking into account the fact that there is no record of criminal punishment against the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, that the victim does not want the punishment of the defendant, and that the victim was negligent in the course of yellow on and off defense, etc., the punishment shall be determined as ordered

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