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(영문) 수원지방법원 평택지원 2016.01.22 2015고단1362
교통사고처리특례법위반등
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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

On May 10, 2015, the Defendant is a person who is engaged in driving of the Efran vehicle, and the Defendant driven the said vehicle at around 12:33 on May 10, 2015, and led to a two-lane along the road of four-lanes of the Cheong-si, Cheongbuk-do, in the northwest-do.

Since there is an intersection where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to check whether the driver of the motor vehicle has a motor vehicle passing through the intersection by reducing the speed and checking the side well, and to prevent the accident in advance by driving safely in accordance with the traffic signals.

However, the Defendant neglected this and caused the collision between the victim F (50 e.g., the upper right side of the vehicle and the upper right side of the vehicle, which the victim F (50 e.g.) driven by the victim F (50 e., the right side of the vehicle, which was driven by the victim F (50 e.g., the vehicle stop signal,

As a result, the Defendant suffered from the above occupational negligence on the part of the victim F, the injury of the victim F in need of approximately 2 weeks of medical treatment, and the victim H (76 years of age) who is the passenger of the damaged vehicle, with approximately 10 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1.To select fines without applying the sentencing criteria by taking into account the following favorable circumstances for the accused subject to the sentencing criteria:

2. The injury of a victim H relatively heavy by negligence by a defendant who has violated the signal.

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