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(영문) 대전지방법원 천안지원 2016.05.12 2016고정9
교통사고처리특례법위반
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 engaged in driving C concrete mixing trucks.

On April 24, 2015, around 11:00, the Defendant continued the intersection of the shooting distance in front of the bridge in front of the eastbridge to the extrem of the air at a speed below the speed above the speed of the Si-speed.

Since there is a place where a red on-and-off signal is operated, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing after temporary suspension and drive safely.

Nevertheless, the Defendant neglected this and led to the left side of the vehicle from the front side of the freight vehicle to the victim D (in South, 73 years old) driving on the right side in the direction direction by the negligence of entering the intersection as it is, the Defendant left the left side of the vehicle.

Ultimately, the Defendant suffered from the injury of the victim by occupational negligence, such as continuing tracking and observation of the future six months or more in the future, and the closure frame of the trend in need of the remaining life-sustaining treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Written statements of D;

1. Entry of the traffic accident report;

1. Statement and image of the traffic accident report;

1. Two copies of a medical certificate;

1. Application of statutes on images of on-site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. The defendant's defense counsel asserts that since the intersection where the traffic accident in this case occurred has no stop line or crosswalk, it cannot be deemed as being subject to the application of the attached Table 2 of the Enforcement Rule of the Road Traffic Act, it cannot be deemed as a violation of signal under Article 5 of the Road Traffic Act even if the defendant did not temporarily stop.

The report on traffic accidents (the report on actual survey) shall be made.

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