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(영문) 서울중앙지방법원 2014.05.28 2014고정1705
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 29, 2014, at around 08:00, the Defendant driving a small private taxi owned by the Defendant as his duties, and driving the 298-lane 4 lane in the direction of the tunnel No. 1 southsan-si, Jung-gu, Seoul.

At that place, there is an intersection where signal lights are installed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and to check well the front door, while driving a motor vehicle safely according to traffic signals to prevent accidents in advance.

Nevertheless, the Defendant neglected this and continues to proceed in violation of the signal even if the front signal is changed to a stop signal.

On the left side of the direction of the course, the victim C driven by the new line with the right side of the D taxi operated by the victim C, conflict with the front part of the defendant's vehicle.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim C, such as light fluoral salt, which requires a medical treatment for about 20 days, and suffered injury to the victim E, such as cluoral salt, which requires a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident by a defendant or C;

1. A traffic accident report (1) (2), a report on the occurrence of a traffic accident, a photograph of an accident vehicle, or a photographic image image of a victim's vehicle;

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, 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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