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(영문) 대전지방법원 2016.10.13 2016고정964
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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 B-Wood vehicle.

On May 4, 2016, the Defendant driven the above vehicle on May 16:4, 2016, and continued to proceed to the right-way distance from the Seo-gu Seo-gu, Daejeon to the right-way distance.

It is an intersection where a signal, etc. is installed, and in such cases, the driver has a duty of care to report the traffic situation in the front line to the person engaged in driving service and safely drive in accordance with the signals.

Nevertheless, the defendant neglected this and caused the bicycle wheels of the victim C(72 years old) who leads the bicycle to the pedestrian signal from the right side of the proceeding direction to the left side and crosses the crosswalk to the pedestrian signal by the negligence of passing through the red signal stop line in violation of the signal.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. A traffic accident report (1) (2) and photographs at the scene of an accident;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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