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(영문) 청주지방법원 2015.04.02 2015고정63
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around 14:15 on September 2, 2014, the Defendant was driving at C, a cargo truck, driving at C, and going to the right from the right side of C to the Eup of C, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, through a straight-line intersection. As such, the Defendant was driving at the intersection where a yellow on-and-off signal, etc. is installed, the Defendant considered whether a person engaged in driving a motor vehicle was a vehicle with a duty of care to reduce or temporarily stop the speed and prevent an accident by thoroughly stopping at the front, and to prevent the accident in advance. However, the Defendant neglected the duty of care to prevent the accident by failing to reduce the speed, and caused the death of the victim D (80 years old)’s bicycle driving at the right side of C, which turns to the right side of the said intersection from the Eup to the right side of the said intersection, by receiving the front part of the said cargo vehicle from the front part of the victim’s 100 bicycle engine at the right side of the Eup.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Statement to E by the police;

1. Application of the actual condition survey report, death diagnosis report (D), on-site photographs-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. According to Article 25(6) of the Road Traffic Act of the grounds for conviction of Article 334(1) of the Provisional Payment Order, “the driver of any motor vehicle shall temporarily stop or yield to the intersection where no traffic is controlled and safety signs indicating a temporary suspension or concession are installed.” Thus, any motor vehicle which intends to enter the intersection where traffic is not controlled and safety signs indicating a temporary suspension or concession are installed shall temporarily stop or yield to prevent the passage of other motor vehicles.” Thus, barring any special circumstance, any motor vehicle which is not controlled by traffic and intends to enter the intersection where safety signs indicating a temporary suspension are installed

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