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(영문) 청주지방법원 영동지원 2016.09.29 2015고단264
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 freight B in a liquid freight vehicle.

On October 14, 2015, the Defendant driven the above cargo vehicle at around 05:15, and proceeded to the above intersection from the Jincheon-do Ro-do Ro-ro Ro-do Ro-do Do-ro Do-do Do-do Do-do Do-do Do-do Do-do Do-do-do Do-do Do-do Do-do, and turned to the left.

Since there is an intersection where signal lights are installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to drive the motor vehicle safely by checking well the right and the right of the front according to the new code.

Despite such fact, the Defendant neglected to comply with the signal and neglected the duty to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty are exercised

Ultimately, the Defendant suffered injury to the victim, such as “the left-hand alley,” which requires approximately 14 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report and accident site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which caused a traffic accident by negligence in violation of a signal, thereby causing an injury to the victim, and the degree of such injury is heavy.

On the other hand, on the other hand, the defendant's perception of committing the crime of this case and his mistake is divided.

Not only the defendant's vehicle is insured by the mutual aid association, but also the defendant is injured by the agreement with the victim.

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