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(영문) 서울서부지방법원 2014.06.13 2014고정332
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 5, 2013, the defendant driving a Bran vehicle, driving the above vehicle at around 00:30 on September 5, 2013, and driving the vehicle at a speed of 30 km per hour from the boundary of the defense project office to the front side of the Yongsan-gu Seoul Yongsan High School at the 7-dong, Yongsan-gu, Seoul.

At that place, a three-dimensional signal is installed, and there is a red on-and-off signal at the time of the accident, so if there is a stop line or crosswalk, the stop line or crosswalk has the duty of care to safely drive the vehicle in order to prevent the accident in advance and prevent the accident by safely driving it in order to prevent the accident from occurring with other vehicles and accidents.

Nevertheless, the Defendant, by the negligence of having entered the intersection without temporarily suspending the red on-and-off signal, suffered from the climatic climatic cliffs and tensions, etc. in need of a stability rate of two-day for the drivers of damaged vehicles, by receiving the part front of the right edge of the D Lastna Gun driving by the victim C (V, 54 years old) who entered the intersection at the right edge of the mast-off signal from the right edge of the mast, without temporarily stopping the red on-off signal, and by taking advantage of it, the driver of the damaged vehicle requiring a stability rate of two-day for the driver E of the same vehicle (V, 42 years old), for 3-day passenger F of the same vehicle (V, 42 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on traffic accidents and a report on actual condition;

1. A written statement prepared in C;

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 under the relevant Acts 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. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the Criminal Act provides that no previous conviction shall be imposed on the defendant, and the victims shall not be punished by the defendant).

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