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(영문) 광주지방법원 목포지원 2016.06.17 2016고정171
교통사고처리특례법위반
Text

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

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 vehicle B or A6.

At around 17:00 on December 5, 2015, the Defendant came to turn to the left at the entrance of a axis in the middle industry, which was a 487 Won-si, Youngnam-gun, Youngnam-gun.

Since there is an intersection where signal lights are installed, there was a duty of care to reduce the speed to those engaged in driving of a motor vehicle and to safely drive the motor vehicle in accordance with the signals by keeping the right and the right of the motor vehicle well.

Nevertheless, the Defendant neglected to turn to the left as it is on the yellow fluoral, and caused the victim C (48 S) who was driven in accordance with the vehicle proceeding signals from the right side of the Defendant’s proceeding to the left side of the DNW EF so far as he driven by the victim C (48 S) in accordance with the vehicle proceeding signals.

As a result, the Defendant suffered injury to the victim C, such as catum cat, which requires approximately two weeks of medical treatment, due to the foregoing occupational negligence, and the victim E (50 years) who is the passenger of the damaged vehicle, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police statement protocol (short traffic);

1. A traffic accident report;

1. Application of Acts and subordinate statutes to field photographs of traffic accidents, and written diagnosis;

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 Concurrent Crimes (a punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against C with heavier penalty);

1. Selection of an alternative fine for punishment;

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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