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(영문) 대전지방법원 2017.11.24 2017고정1243
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 car in the C SP area.

On May 20, 2017, the Defendant driven the above car on May 20, 2017, and led to turn to the left at a speed of about 35 km per hour, depending on one lane from the direction of the Pung Technology Research Institute, the two-lane roads in front of put place to put in place, put in place, and put to turn to the left at the speed of about 35 km per hour, in accordance with one lane from the direction of the Pung Technology Research Institute.

At all times, there is a signal apparatus with red on-and-off signal to be occupied by a signal signal, so there was a duty of care to make a person engaged in driving of a motor vehicle temporarily stop before entering the intersection and be able to pay attention to the movement of another motor vehicle and safely drive it.

Nevertheless, the Defendant neglected this and failed to enter the intersection in the state of a red on-and-off signal, thereby violating the signal, and caused the victim D(63 ) who was in the right-hand side of the Defendant’s moving the intersection of the yellow on-and-off signals to the right-hand side of the Defendant’s moving the front part of the E rocketing taxi driving by the Defendant’s driver’s vehicle.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim G(S) who was accompanied by the victim F(SV) who was accompanied by the Defendant’s vehicle for about 5 days in need of treatment, such as a chromatic marction which requires approximately 4 weeks of treatment, and the victim G(SV) who was accompanied by the victim’s vehicle for about 4 weeks in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. G statements;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment of a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims G with the largest penalty);

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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