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(영문) 제주지방법원 2014.10.23 2014고정752
교통사고처리특례법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 4, 2014, the defendant operated a c bargaining car at around 22:40, and passed the intersection of the coastal village entrance in the Nowon-gu at the time of Jeju, from the unwaterside to the boundary of the mountain village at the 3-lane.

At that time, as an intersection where traffic is controlled by signal lights, there was a duty of care to safely proceed in accordance with the signals in the direction to proceed.

Nevertheless, due to the negligence that the Defendant neglected this, and went through the intersection from the jurisdiction of the mountain village to the jurisdiction of the coastal village in accordance with the left and right-hand turn, the victim D(45 years old) who passed the intersection in accordance with the gallon No. 145 years old) was faced with the front left-hand side of the driver's vehicle.

As a result, the Defendant suffered injury that requires a stability for two weeks due to the scarcity of a scarfy front wall to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to each photograph, actual condition survey report and diagnosis report;

1. Relevant legal provisions concerning criminal facts: Article 3 (1) and 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;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: The punishment is determined as per the order in consideration of all the following circumstances as the reasons for sentencing of Article 334(1) of the Criminal Procedure Act: A person who causes an accident in violation of the signal at an intersection, and others: The fact that it is against the recognition of a crime and is committed; the fact that the proxy driver employed by the defendant is covered by the comprehensive motor vehicle insurance; the fact that the proxy driver is a primary offender who has no record of criminal punishment; the fact that the proxy driver, as an agent after divorce, bears living expenses, such as education expenses, etc. for two children who are high school students: The defendant's age, occupation, etc.;

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