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(영문) 수원지방법원 2012.08.16 2012고정621
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in Cknife.

On October 31, 2011, the Defendant driven the above car at around 23:40, while driving the car, which is located in the Dobong-gu Eup in the Gyeonggi-do at the time of the Gyeonggi-do, was driving at approximately 50km in speed from the Dogwon University to the Dogwon-si at the Dogwon University.

At that time, the signal is installed, and the front direction of the road was the stop signal of the vehicle. In such a case, the driver of the vehicle has a duty of care to drive the vehicle safely, such as driving the front right and the right of the road well, when the vehicle is changed to the stop signal after temporarily stopping the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded as it is, due to the negligence of violating the signal, received the front wheel part of the Estuna car driven by the victim D (the age of 51) who followed the straight signal from the right side of the proceeding direction as the front wheel part of the said car.

As a result, the Defendant suffered injury to the victim, such as catitis that requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the prosecution concerning D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Part of the investigation report (Hearing a police officer’s telephone statement) - the part from 53 to 55 pages 1 of investigation records

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Fine)

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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