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(영문) 인천지방법원 2014.12.05 2014고정3620
교통사고처리특례법위반
Text

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

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 the operation of BND vehicles.

On July 4, 2014, the Defendant driven the above vehicle on July 18:40, 2014, and proceeded on the street in front of the Korean glass in 820-ro, Seo-gu, Incheon, Seo-gu, Seo-gu, to approximately 20 km in the direction of Korean glass in the e1 LPG charging.

Since there is an intersection where signal lights are installed at the front of that place, in such cases, the driver is obliged to reduce the speed and to check whether there is a vehicle passing through the intersection by checking well the front side of the road, and to safely drive the vehicle according to the traffic signal and prevent the accident from occurring due to the smoke.

Nevertheless, while the defendant neglected this and passed through an intersection in violation of red signal, the defendant received the front part of the DST5 vehicle driven by the victim C, who was driving in the intersection from the right side of the direction to the left side of the vehicle in accordance with the new signals, from the front part of the vehicle, and the FM5 vehicle driven by the victim E, who was driving in the same direction as SM5 vehicle, conflicts with the front part of the PM5 vehicle and the right side of the SM vehicle.

As a result, the Defendant caused the victim C by negligence in the course of business to have no head open, which requires approximately two weeks of treatment, and put the diversous coordinate and salt in need of approximately two weeks of treatment to the driver E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. The application of Acts and subordinate statutes to a survey report on actual conditions, vehicles involved in accidents, on-site photographs, diagnostic reports, written estimates, and written checkups;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) 1 of the same Act concerning criminal facts;

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 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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