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(영문) 울산지방법원 2018.11.16 2018고정792
교통사고처리특례법위반(치상)
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 driving service of C125cc.

On April 21, 2018, the Defendant driven an over-concentration 22:05, while driving the off-breadth of Ulsan-gu, Nam-gu, Seoul-do, along the intersection of the private distance from that parallel to that of Ulsan-do, proceeded at an insular speed along the two-lanes from that parallel to that of the public notice distance of Ulsan-do.

Since there is a private street intersection in which a signal apparatus is installed, the driver of the vehicle has a duty of care to check whether there is a vehicle driving the intersection by reducing the speed and checking well the right and the right and the right of the vehicle, and to safely drive the vehicle in accordance with the signals.

Nevertheless, due to the negligent negligence in violation of stop signal, the part before the left side of the passenger car of the victim D(63 tax) in which the crossing is directed from the right side of the defendant's running direction to the left side of the defendant, was shocked into the front part of the defendant's car.

As a result, the Defendant suffered, by such occupational negligence, the injury to the above victim D, such as salt, tensions, etc. in the left-hand shoulder, which requires approximately two weeks of treatment, and the injury to the victim F of the victim of the damaged vehicle (the 59-year old-age-old victim) such as chills, tensions, etc. which require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, a written statement related to the traffic accident (D) and the application of each statute;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the confession of and reflects against a crime, the damage is not serious, the old fine has no record of other crimes, the defendant's age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime.

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