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(영문) 광주지방법원 2015.06.18 2015고정681
교통사고처리특례법위반
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B taxi.

On February 6, 2015, the Defendant driven the above vehicle at around 00:20, and driven the front intersection of D in Gwangju Northern-gu C from the direction of the advanced zone to the east-dong, one-lane between the two-lanes.

However, in the direction of the defendant's proceeding, red signal has been installed.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle with due care to other traffic flows after temporarily stopping the motor vehicle immediately before the intersection.

Nevertheless, the Defendant neglected this and caused the injury of the victim E (the 36-year-old driver) of F-Motor vehicle driving in the direction of the course by the negligence of entering the intersection as it did not temporarily stop immediately before the intersection, and instead, caused the injury of the victim E and the victim H (the 39-year-old driver) of the victim E (the 18-year-old driver) who is driving the F-motor vehicle driving in the direction of the course by shocking the back part of the victim E (the 18-year-old driver) with the front part of the vehicle in the front part of the Defendant vehicle, such as knee knee knee knee kne, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E, H and G;

1. Application of Acts and subordinate statutes to the practical survey report, traffic accident scene photographs, each diagnosis report, investigation report (related to the signal system);

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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