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(영문) 서울동부지방법원 2015.07.22 2015고단1446
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 15, 2015, the Defendant driven Ci40 cars around 02:40, and proceeded with Ci40 cars as Seoul Gangdong-gu, Seoul, with one-lane prior to the south long distance of 1706 (Seoul High-dong) Guideambol Tri-dong, the Defendant was driving from the high-dong area of Ambari-dong.

Since there is an intersection where a signal, etc. is installed, the driver had a duty of care to confirm whether the driver is a vehicle driving the intersection by checking well the right and the right and the right and the right of the driver and to drive safely according to the new code.

Nevertheless, when the Defendant neglected this and proceeded by negligence in violation of the former red signal, he was driven by the victim D (year 45) who was straight from the right side to the left side of the e-tax operated by the victim D (year 45) with the left side of the e-tax operated by the Defendant as the front part of the car.

The Defendant suffered damages to the victim D due to the above occupational negligence, such as a cage cage at the left-hand side in need of approximately 4 weeks of medical treatment, and a cage cage cage cage at approximately 14 weeks of medical treatment for taxi winners F (year 43).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

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

1. Article 3 (1) and 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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in the workhouses are in violation of the signal, and the victim F’s injury is not minor.

On the other hand, however, it is against the law, and the victim F paid 20 million won to the victim F. The victim wanted the defendant's wife, subscribed to a comprehensive insurance, and the victim D has agreed to obtain full compensation from the insurance company, and there is no record of punishment other than one time before and after the fine of this kind.

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