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(영문) 광주지방법원 목포지원 2017.01.13 2016고정488
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a car in the line of duty.

On May 5, 2016, the Defendant came to go straight from the direction of the Gantop Hospital in the Mapo-si Mapo-si Mapo-si Mapo-si around 18:43 on May 5, 2016 to the intersection of the E station located in D, which is the place of the accident, in the direction of the Gantop Hospital.

At the time, it was difficult to set up a near, and the location was a intersection where four color signal apparatuses work normally. Therefore, if a person engaged in driving a motor vehicle intends to drive, he/she had a duty of care to safely drive signal lights and the traffic flow in the surrounding area, and to prevent the accident in advance.

Nevertheless, the Defendant violated the signal to stop prior to the entry into the intersection, and did not see a car that is straighted in accordance with the normal green straight line in the right side of the intersection due to the negligence of the signal to stop prior to the intersection, and did not see a car that is straighted in accordance with the normal green straight line in the right side of the intersection of the Defendant, thereby shocking the front part of the Fststa car into the right side of the front stiff.

Ultimately, the Defendant suffered from the victim G (50)’s occupational negligence, such as a tension and salt in the field of a dog, such as a chill, which requires approximately two weeks of treatment, and a tension and salt cream, such as a tension and salt cream, and a chill that require approximately two weeks of treatment to the victim H (18 years of age) boarding the lower seat of the damaged vehicle.

Summary of Evidence

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to survey reports on actual condition, on-site photographs of traffic accidents, and medical certificates;

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

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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