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(영문) 제주지방법원 2016.10.14 2016고정586
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 of a Belgium passenger car.

At around 14:50 on April 30, 2016, the Defendant driven the above vehicle, and continued to drive the private distance at the entrance of the monthly village at the time of the Jeju-gu Eup from the direction of the happiness to Kim Jong-ri.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to properly operate and safely drive the steering and steering gear according to the signals of signal apparatus.

Nevertheless, the Defendant received the left-hand turn-hand turn-hand turn-hand turn-on from the direction of the Defendant’s vehicle, even if the victim C (the age of 23) driven by using the red signal, which is a stop signal, in violation of the signal, was driven by the Defendant’s front right-hand part of the motor vehicle.

As a result, the Defendant suffered, by negligence in the above business, injury to brain dead, etc., without two weeks of medical treatment to the victim, and injury to the E (V, 20 years of age) who was accompanied by the damaged vehicle, for approximately two weeks of medical treatment, and injury to 10 days of f (1 years of age) who was accompanied by the damaged vehicle, such as dynasium and tension in need of medical treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A written statement prepared by C;

1. The actual condition survey report;

1. Relevant photographs;

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 Settlement of Traffic Accidents and Article 268 of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

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

1. Provisional Payment Order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is recognized and all of the facts constituting the offense, and there is no criminal record.

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