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(영문) 전주지방법원 정읍지원 2016.08.11 2016고정86
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in driving cars owned by the agricultural partnership corporation for new agriculture and livestock, XG passenger cars.

On January 15, 2016, around 21:30, the Defendant driven the above vehicle at the intersection of the 802 lower-section south of the east-gun, west-gun, west-gun, west-gun, west-gun, the Defendant proceeded directly from the west-gun, west-gun, west-gun to the direction of the west-do in the direction of the west-do.

At that place, there is a private-distance intersection in which red-off signal, etc. is installed.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle that drives the motor vehicle along the intersection by reducing speed and checking well the direction of the road, and to prevent the accident in advance by safely driving the motor vehicle in accordance with the traffic signals.

Nevertheless, even though the Defendant neglected this and operated a red on-and-off signal, the Defendant continued to proceed in violation of the signal without temporarily suspending it, and the victim C driving the intersection from the right side of the direction of the proceeding to the left side of the intersection in accordance with the new code was shocked into the front part of the vehicle being driven by the victim C.

As a result, the defendant suffered from occupational negligence the injury to the above victim, such as brain dynasium which requires approximately 4 weeks of medical treatment, and the injury to the above victim E which requires approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. C’s statement;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a victim C with a heavier penalty)

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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