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(영문) 전주지방법원 정읍지원 2014.05.20 2014고단96
교통사고처리특례법위반
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On February 26, 2014, the Defendant, who is engaged in driving a F non-stop car, was driving the said vehicle on February 15, 2014, and led to the ancient bus in the frontwest-gun, Eastern-gun, East-do, East-do, East-do, to the west-Eup.

Since there is an intersection where a signal, etc. is installed, the defendant has a duty of care to check whether there is a vehicle passing through the intersection by reducing speed and checking well the front side of the road, and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, despite the fact that the Defendant neglected to stop the signal, the Defendant continued to proceed in violation of the signal and obstructed the course of the victim G (V, 41 years old driving) driving in the intersection from the right-hand side of the direction of the Defendant’s proceeding to the right-hand side, thereby having the front part of the damaged vehicle, which was the front part of the damaged vehicle.

As a result, the Defendant suffered from the injury of the victim I (V, 41 years old), who is the same passenger of the victimized vehicle, in the foregoing occupational negligence, about about 10 weeks of injury, such as a dubation, etc. requiring medical treatment, and the victim J (V, 43 years old), the victim K (V, 39 years old), and the victim L (V, 40 years old), respectively, for about 2 weeks of medical treatment, and at the N Hospital located in Ban-gun M, the victim O (V, 84 years old), who is the driver of the vehicle, was the victim of the vehicle, and caused the death of the victim, such as cerebral transfusion, at around 15:05 day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A copy of a death diagnosis report and each medical certificate;

1. Application of the Acts and subordinate statutes notifying results of comprehensive traffic accident analysis;

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 facts constituting an offense;

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

1. The primary offender who is an selective fine, and covered by a comprehensive insurance; and

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