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(영문) 의정부지방법원 고양지원 2019.02.21 2019고정34
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 8, 2018, the Defendant driven B SPP car and proceeded along with three-lanes from the direction of the CB to the direction of the CJ road after the end of 187 from the Gangseo-gu Gangseo-gu, Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-si.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and did not avoid a victim D(V), driving on the right side of the moving direction by disregarding that the vehicle moving signal has been changed to a red signal from yellow signal to the right side of the moving direction due to negligence, and instead did not keep the victim D(V), driving on the right side of the moving direction, and received the parts on the right side of the above damaged vehicle from the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately two weeks of medical treatment, such as salt pans and tensions in the parts of hand trees and other parts.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A traffic accident report;

1. An accident site photograph;

1. Investigation report (D diagnosis report);

1. Application of Acts and subordinate statutes to a report on investigation (verification of Trabbox Images);

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 (1) 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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