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(영문) 서울중앙지방법원 2015.01.29 2014고정4106
교통사고처리특례법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On November 8, 2013, the Defendant driven the above car at around 08:20 on November 8, 2013, and was proceeding with the customs intersection in Busan Jung-gu, the central intersection of which is located in the middle-gu, Busan.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has the duty of care to safely drive the motor vehicle in accordance with the signals while preventing accidents by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and neglected and proceeded with the stop signal while driving the E-si driven by the victim D (year 53) who is driving in accordance with normal signals from the room of the Trade Center due to his negligence, taken the front part of the E-si driving in front of the right side of the Defendant’s vehicle into the front part of the Defendant’s vehicle, and suffered bodily injury, such as scarbing fry, which requires approximately two weeks of treatment to the victim D, who is the passenger of the Defendant’s vehicle, to the F (V, 55 years of age) who is the passenger of the Defendant’s vehicle, for about two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A traffic accident occurrence report;

1. Each investigation report (including attached documents);

1. Application of the Act and subordinate statutes as a result of the recycling of black boxes and video recordings;

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

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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