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(영문) 의정부지방법원 고양지원 2017.12.08 2017고정886
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

On April 9, 2017, the Defendant driven the above-mentioned vehicle around 18:45, and obstructed the private-distance intersection in 210 in the Gyeonggi Pak-si Do, and proceeded directly from the side of the school to the middle school.

Since there is a place where traffic is controlled by signal apparatus, in such a case, a person engaged in driving service has a duty of care to safely proceed in accordance with the signals by reducing speed and properly examining the right and the right before and after the operation of driving service.

Nevertheless, the Defendant neglected this and received the part of the left side of the instant BMW car from the front part of the said BMW car, in contravention of the yellow signal signals to the port from the right side of the Defendant’s running direction when the Defendant was immediately in contravention of the signal.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim C, such as “sloaks and tensions,” which requires approximately two weeks’ medical treatment, and injury to the victim E (the passenger of the said small-scale passenger car), including “sloaks in open two rooms,” which requires approximately two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, a survey report, a photograph of the accident scene, etc.;

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, 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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