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(영문) 광주지방법원 2018.05.31 2018고단1203
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of BM7 vehicles.

On February 17, 2018, the Defendant, at around 15:10, proceeded along with a one-lane distance from the erogate to a yellow light.

At that time, the speed limit is 60 km per hour, and it is a tri-distance intersection without signal apparatus. Thus, the driver of the motor vehicle has a duty of care to drive the motor vehicle after complying with the speed limit and checking whether there is a vehicle crossing by temporarily reducing the speed or temporarily stopping the speed at the intersection.

Nevertheless, while neglecting this, the defendant neglected to set the speed above 35 km per hour, and due to the negligence of proceeding without reducing the speed at the three-distance intersection, the front part of the victim E-driving vehicle, which attempted to turn to the right left from the left side of the defendant's proceeding direction, was shocked by the front part of the defendant's vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the said victim E, such as “damage on the part of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the vehicle

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A survey report on actual conditions;

1. Investigation report (including attached traffic accident analysis report) accompanied by a speed analysis report of Ma2 vehicles (including attached traffic accident analysis report);

1. Each written diagnosis (Meet 1 driver, passenger, etc.);

1. Application of Acts and subordinate statutes governing accidents;

1. Article 3 (1) and the proviso to Article 3 (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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the instant traffic accident.

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