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(영문) 춘천지방법원 강릉지원 2016.06.23 2016고단265
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 cuss car in C.

On February 29, 2016, the Defendant, around 20:10 on the 20:0 East Sea-si, 112(Dong Dong-dong) of the Manhee High School, the Defendant, at the parallel of Manhee High School, was proceeding at a speed of about 50 km from the tri-dong to the long distance.

At the same time, the signal, etc. is installed, so in such cases, the driver has a duty of care to safely drive the driver according to the good faith.

Nevertheless, the Defendant neglected this and received the front part of the victim D(56) driver’s cab to turn to the left due to the negligence of entering the intersection at the time of changing it to red signal from yellow fluor, and in violation of the signal at the opposite part, the Defendant received the front part of the victim D(56) driver’s seat in the coo car above.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim, such as cutting the pelle of the pelle part in need of approximately 12 weeks of treatment, and the injury to the victim E (V, 30 years of age), who is on board the said taxi, requiring approximately 3 weeks of treatment, and the pelle and the pelle of the arms, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. The actual survey report and photographs;

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

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

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

1. Selection of a selective fine (the degree of injury of the victimized vehicle driver is important, but the first offender is the other driver, the other driver also violated signal, and the victim E does not want the punishment of the accused, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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