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(영문) 수원지방법원 2015.02.05 2014고정906
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of two million won.

Where the defendant does not pay the above fine, only 10 days shall be the day.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a C-A-Wurt-Wurd Motor Vehicle.

On November 2, 2013, the driving of the said car around 15:10, and the driving of the said car led directly to a speed of about 50-60 kilometers a speed of 50-60 kilometers a speed from the parallel direction to the parallel direction.

Since the location is where a signal, etc. is installed, a person engaged in driving service has a duty of care to reduce speed, to live well on the right and the right, and to drive safely in accordance with the signals.

Nevertheless, despite the fact that the signal in the direction of the driving is the stop signal, the defendant met the part of the victim D(23 years old and female driving) driving, which was left left by the left-hand turn from the direction of the Korean university due to the occupational negligence that proceeded without violating the signal, with the top-class driver of the car driving in the direction of the Korean university.

In the same accident, the victim suffered injury such as salt, tension, etc. of the bones that requires medical treatment for about three weeks, and injury to the victim FF (the 21 years of age and remaining) who was on board the above damaged vehicle, such as cerebral dynasium in detail as being in need of medical treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. In full view of the fact that a witness G’s legal statement specifically states the scene of an accident, model, color, and driver’s gender, which conforms to objective circumstances, and the witness voluntarily gives testimony on a banner at the scene of an accident and other circumstances likely to deem that the witness’s neutrality is damaged, the credibility of the witness’s statement is recognized.

Application of Statutes

1. Article 3 (1) and Article 3 (2) (proviso)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and the selection of fines concerning facts constituting an offense;

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. The order of provisional payment;

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