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(영문) 제주지방법원 2015.04.10 2015고정107
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a truck of 4.5 tons of individual cargo.

On December 4, 2014, the Defendant driven the above vehicle on December 12:50, 2014, while driving the vehicle in order to drive it in accordance with the two-lane distance from the top line of the Western City to the Jeju City, Seopo-si.

Since there is a signal apparatus installed, a driver of a motor vehicle has a duty of care to live well at the front and right side and to operate the motor vehicle according to the signal apparatus's signals.

그럼에도 불구하고 피고인은 적색 정지신호에 신호를 위반하여 진행한 과실로 진행방향 우측의 송당리 쪽에서 좌측의 산굼부리 쪽으로 신호기의 신호에 따라 진행하던 피해자 C(39세) 운전의 D 레오 승용차량의 앞범퍼 부분을 피고인이 운전하던 트럭의 좌측 뒤 적재함 부분으로 들이받았다.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the c influoral c infinites requiring approximately two weeks of medical treatment, and injury to the c infinal c infinites that require approximately two weeks of medical treatment to the victims E (V, 32 years of age) who was aboard the victim’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C related to a traffic accident;

1. The actual condition survey report;

1. On-site and vehicle photographs, black stuff images, and closure photographs;

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

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

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

1. Selection of an alternative fine for punishment;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are determined as per the order, taking into account all the following circumstances. The favorable circumstances are against the recognition of the crime, and the vehicle of the defendant is covered by the comprehensive motor vehicle insurance.

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