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(영문) 서울중앙지방법원 2015.10.21 2015고단5081
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 18, 2015, the Defendant driven a Csch Rexton car on March 18, 2015, and driven the three-lanes in front of the 217 modern motor vehicle in Jongno-gu Seoul, Jongno-gu, Seoul, along the two-lanes from the boundary of the Seodaemun-gu Intersection to the window of Changduk-gu, and came into the intersection where signal lights are installed.

In such cases, a driver has a duty of care to properly report the signal apparatus of an intersection and to prevent accidents by proceeding in accordance with the signals as instructed by the signal apparatus.

Nevertheless, the Defendant neglected this by negligent negligence in violation of stop signal, and was driven by the victim D(40 years of age) who is to turn to the left from the front of the front line to the right-hand turn in accordance with the front line of the front line, from the front of the front line of the Defendant’s vehicle. However, the Defendant did not avoid, but received the right-hand side of the damaged vehicle from the front line of the Defendant vehicle.

Ultimately, the Defendant suffered from the above occupational negligence, and the victim F (54 years of age) who was the seat of the Defendant’s vehicle, about about 10 weeks of treatment, a fluor of the upper pel in need of a flusium treatment for about 6 weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Photographss by cutting a black stuff image;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The defendant's negligence at the option of the selective fine is severe, and the degree of injury suffered by the victims is also large, the defendant's vehicle is covered by the comprehensive motor vehicle insurance, the defendant's total amount of 20 million won is paid to the victims, and the victims do not want the punishment for the defendant respectively, and the defendant shall be punished prior to ten years.

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