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(영문) 대구지방법원 포항지원 2014.09.24 2014고정149
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person driving a C-learning car.

On January 15, 2014, around 08:17, the Defendant proceeded with the intersection of E in front of the south-gu, Nam-gu, Sinpo-si, in the middle of the port, from the boundary of the station of the complex to the long distance of interest.

Since there is a three-distance intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to proceed in accordance with the signals.

Nevertheless, the Defendant neglected this and interfered with the Defendant’s fault, which led to the left-hand turn from the direction of the token bridge on the right-hand side of the Madung Sck Schill road, and the front part of the G G-Wnn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt ties and tensions that require treatment for about two weeks.

Summary of Evidence

1. The police statement concerning F;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto survey report;

1. Application of the Acts and subordinate statutes to CCTV CDs and inquiry results;

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The Defendant asserts that the Defendant did not violate the signal given that the Defendant reported direct truth signals at the time, as determined by Article 334(1) of the Criminal Procedure Act.

According to the evidence duly admitted, including the results of the examination of CCTV image CDs and fact-finding, the following circumstances, namely, ① the signal lights in the direction of the Defendant vehicle was changed to the yellow signal for three seconds after the straight-on signal entered the red stop signal. In the case of the direction of the vehicle driving, the signal lights are changed to the straight-on and left-hand turn signal immediately after the straight-on signal.

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