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(영문) 대구지방법원 포항지원 2017.11.29 2017고정409
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 1,500,000.

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 of D Starsch Rexroth.

On June 28, 2017, the Defendant driven a above 40:00 on the 20:00, and came to turn to the left at the speed of the Belel church at the intersection of the 150 Belel church, one-lane of the three-lanes of the 150 Belel church at the north-gu, North Korea.

Since there is an intersection where signal lights are installed, the defendant engaged in driving service has a duty of care to prevent accidents in advance by driving safely according to traffic signals.

Nevertheless, the Defendant neglected this and neglected to enter the yellow maid intersection by the negligence of entering the said intersection in contravention of the signal, and received a part of the front part of the victim E (the 52-year-old driver) driving of the FIst and other automobiles driving from the rice processing site to the yellow mar-dong surface.

As a result, the Defendant suffered from the above occupational negligence to G (V, 74 years old) who is the same passenger of the Defendant’s vehicle, a catus fel, etc. near the right side of the treatment days, and to H(61 years old) who is the passenger of the damaged vehicle, about four weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of statutes on site photographs;

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

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

1. Selection of a selective fine (including the fact that agreement has been made with the victims and the fact that the negligence of the counterpart driver is also published);

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

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

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