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(영문) 의정부지방법원 2013.04.16 2013고단346
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 14, 2012, the Defendant is a person engaged in driving Han-sung 4.5 tons and truck. On December 21, 2012, the Defendant driven the above vehicle at around 21:15, and proceeded at a speed of about 60 km from the right side of the Jyang-gu, Jyang-gu, Jinyang-si to the right side of the road at a speed of about 276 km depending on the two-lanes. In such cases, there is an intersection where a signal is installed at the right side, and in such cases, it is confirmed whether the driver of the vehicle has a duty of care to reduce the speed and prevent the accident from driving the vehicle by driving the vehicle safely according to the traffic signal, but the signal has been changed to the stop signal, due to negligence in the course of business, continuing to go on the right side of the vehicle, and caused the collision to the driver of the vehicle at the right side of the vehicle at the speed of about 34 km in front of the victim (the latter part of the vehicle at right side).

Summary of Evidence

1. Defendant's legal statement;

1. C victim statement;

1. The actual survey report on traffic accidents;

1. On-site photographs;

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

1. Article 3 (1), 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 Concurrent Crimes;

1. Selection of a selective fine (such as the fact that vehicles of the defendant are covered by comprehensive insurance, and the defendant appears to have an attitude that the defendant makes a confession and repent);

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

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

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