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(영문) 의정부지방법원 2016.07.21 2016고정933
교통사고처리특례법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is engaged in driving a observer car.

On January 28, 2016, the Defendant driven the above vehicle around 2:40, and proceeded at a speed of about 30 to 40 kilometers each hour, depending on the two-lanes of both states, in the area of the high-Eup Myeon, the intersection in the Mandong-dong-dong-dong-dong-dong-dong.

At that place, there is an intersection where signal lights are 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, the Defendant neglected this and continued to proceed at the same speed in violation of the signal while the signal is changed to the stop signal. From the right side of the proceeding direction to the left side of the victim C(42 e.g., n.) who is driving the intersection in accordance with the new code, the front right side of the car driving seat of the Defendant.

As a result, the Defendant suffered, by his occupational negligence, from the victim E (53) who was on board the head of the Defendant’s vehicle, approximately four weeks of injury, such as knee mae in need of medical treatment, and knee mae in need of medical treatment for about two weeks of injury to the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes concerning accident vehicles and field photographs;

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 Competition;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, taking into account the fact that the defendant agreed smoothly with the victim and the defendant had no previous conviction, shall be determined as set forth in the text of the Criminal Procedure Act.

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