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(영문) 울산지방법원 2019.08.21 2019고단970
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five 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 Track Car B.

On January 22, 2019, the Defendant driven the above car around 09:00, and made a turn to the left at a speed of about 50 km from the side of the Yangsan Design Park to the C apartment at a speed of about 30 km, depending on the two-lanes from the Yangsan Design Park.

Since there is an intersection where a signal such as a red on-and-off light is installed, a person engaged in driving a motor vehicle has the duty of care to temporarily stop the motor vehicle or crosswalk immediately before the immediately preceding or the intersection and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and failed to turn to the left without reducing the driving speed in contravention of the red on-and-off signal, and received the front portion of the victim D(73 years old) driving EK3 car driving from the temporary parking lot at the National Sports Center of the National Sports Center to the low-speed design park in accordance with yellow on-and-off signals.

As a result, the Defendant suffered injury to the above victim by negligence on the part of the above occupational negligence, such as cutting the bones of clothes and bones for six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and on-site survey reports;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal accidents (whether a person violates signal to destroy red signal);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant confessions the crime of this case and repents it, that the defendant agrees with the victim, the degree of damage caused by the accident of this case, that the defendant is the primary offender, that the harming vehicle is covered by comprehensive insurance, and that the age of the defendant is other.

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