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(영문) 울산지방법원 2017.10.27 2017고정744
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a set-off car.

On March 22, 2017, the Defendant was proceeding to the west of Taegyeong-gu from the long distance of Taegsan-gu, Ulsan-gu, Ulsan-do to the west of Taegyeong-gu.

Since there is a signal apparatus of an intersection, a person engaged in driving service has a duty of care to safely drive according to the signals of the signal apparatus.

Nevertheless, the Defendant was due to the Defendant’s failure to enter the intersection at a speed of the front signal while the front signal was yellow, and due to the Defendant’s failure to reach the port side of the Defendant’s running direction, on the right side of the Defendant’s running (e.g., the victim C (e., 54 years of age) toward the front part of the instant TRa car.

As a result, the Defendant, by occupational negligence, suffered injury to the victim C, such as a chest frighting, which requires approximately 4 weeks of treatment, injury to the victim D (W, 52 years of age) who was accompanied by the car in the above Spospospospospospo, and injury to the victim E (W, 44 years of age) who was aboard the car in the Tposposposposposposposposposponding for about 3 weeks of treatment, for about 2 weeks of treatment, and for about 36 years of age to the victim F (W, 36 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

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 and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment for Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with the largest criminal situation) of the Commercial Concurrent Crimes;

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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