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(영문) 광주지방법원 2013.07.12 2013고정1267
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is engaged in driving the B-learning passenger car.

On May 4, 2013, the Defendant driven the above vehicle around 04:40 on May 4, 2013, and proceeded at a speed of about 40 km in the speed of two parallel markets on the side of the (Gu) the two parallel roads in front of the river intersection in Gwangju Dong-gu, Suwon-dong, and toward the side of the two parallel markets.

At that place, there is an intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and checking the side well, and to prevent accidents by driving safely according to the traffic signal in advance.

Nevertheless, the defendant neglected this and continues to proceed at the same speed in violation of the signal while the signal is changed to a stop signal.

From the left side of the proceeding direction to the right side of the victim C (Nam, 20 years old) driven by the crossing in accordance with the new code, the part of the D car in front of the right side of the defendant's vehicle was collisioned with the front side of the vehicle.

As a result, the Defendant suffered, by negligence in the course of performing his duties, the injury of the victim E (ma, 21 years old), victim F (n, 19 years old), and victim G (n, 19 years old), such as clouds, tensions, and so on. In addition, the Defendant damaged the above damaged vehicle to cover approximately KRW 5,910,142 for repair costs, such as the front offender.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, E, F, and G;

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

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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