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(영문) 대전지방법원 천안지원 2016.03.17 2015고정1057
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 engaged in driving the CM5 vehicle volume.

On July 13, 2015, the Defendant proceeded with three-lane roads on the road in front of the Agricultural Cooperative of the Yanansan Livestock Industry, which is located four-lane 8, Nam-gu, Chungcheongnam-gu, Namcheon-gu, Namcheon-gu, Namcheon-do, Seoul, at the speed of the Sin-si, from Asan-do to a wood protection area, at the speed of the Sin-si.

Since traffic signals are installed, the accident location is a point where traffic control is performed, drivers engaged in driving service have a duty of care to proceed in accordance with the signals of the frontline.

Nevertheless, while neglecting this, the turn to turn to the right is carried out on the Cheong-dong side in violation of the signal at the three-distance intersection, which is the place where the accident occurred, and the turn to the left is turned to the right side of the vehicle being driven by the victim D (In this case, 53 years old) who was going to the Asan-do side on the right side of the EKaren car driving, the front side on the left side of the vehicle being driven by the victim.

Defendant 2 suffered injury to the victim, such as a protruding signboard disability, which requires approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in the protocol of the statement made to D;

1. Entry of the traffic accident report;

1. Statement and image of the traffic accident report;

1. Descriptions of a medical certificate;

1. A signal cycle sheet at the point of accident, and a statement in a reply to fact-finding inquiry;

1. Application of each of the visual Acts and subordinate statutes to a skin, damaged vehicle photograph, copy of image for the control of alcoholic vehicles, and field photograph;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The defendant guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order asserts that he did not violate the signal to turn to the left on the face of the audience since he confirmed the right angle of the front and the front door from the Asan Sea. On the other hand, the victim claimed that he did not violate the signal to turn to the left.

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