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(영문) 수원지방법원 성남지원 2018.07.05 2018고단1014
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On May 10, 2018, the Defendant was sentenced to a suspended sentence of one year on August 18, 2018 and the judgment became final and conclusive on May 18, 2018.

[Criminal facts] The Defendant is a person who is engaged in the driving of BJasi.

At around 12:00 on April 5, 2018, the Defendant continued the front road of the SD bank located in Seongbuk-gu Seoul Metropolitan Government CD bank from the F middle school bank located in E to G bank protection.

In the case of a person engaged in driving of a motor vehicle, the driver has a duty of care to temporarily stop at the intersection where a red on-and-off signal is installed and prevent accidents by safely entering the intersection.

Nevertheless, even though the Defendant was in a red on-and-off signal, he was not temporarily stop at the intersection, and was thereby driven by the Defendant’s failure to stop at the intersection, thereby driving by the victim I (40) who followed the yellow on-and-off signals from the left side of the direction of the Defendant’s proceeding to the right H pharmacy.

J 포터∥ 냉동탑 차의 우측면 중앙 부분을 피고인이 운전하던 택시 전면 부분으로 들이받았다.

As a result, the Defendant, by negligence on duty, sustained injury to the Victim K, who is a passenger of the above taxi, to the victim K (3) who was a passenger of the above taxi, for approximately two weeks of medical treatment. In addition, the Defendant sustained injury to the victim I, who was a driver of the above cargo, by taking approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Reports (1) on traffic accidents and investigation reports (to hear statements of victims KK);

1. A copy of each written diagnosis;

1. Previous convictions: Application of Acts and subordinate statutes to the accused's legal statements, criminal history and other inquiry results;

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

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.

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