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(영문) 서울동부지방법원 2016.11.02 2016고정929
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 a K5-car.

On October 4, 2015, the Defendant driven the above car on October 02:12, 2015, and led to the driving distance of the diving station located in 567 as Songpa-gu Seoul, Songpa-gu, to the direction of the tin village and the direction of the tin village from the south of the locked.

Since there is an intersection where a signal is installed, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to properly see the right and the right of the road and to prevent accidents in advance by driving the motor vehicle safely according to the traffic signal.

Nevertheless, the Defendant neglected this and received the right side part of the D Lasta taxi driving by the injured party C (the aged 58) who was left to the left in the direction of the new cheon Station in accordance with the new subparagraph from the mastal opposite part when the Defendant was negligent in failing to make a left turn in violation of the signal, and received the front side part of the K5 car.

Ultimately, the Defendant caused injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks by occupational negligence as above, and at the same time damaged the said taxi so that the repair cost of KRW 2,540,000 is equivalent to the repair cost of KRW 2.5 billion.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, and the selection of fines, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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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