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Reasons
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(영문) 수원지방법원 2016.10.05 2016고정1158
교통사고처리특례법위반
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Defendant shall be punished by a fine of four 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 drives a golf vehicle B as a job.

On 13:30 on 01. 01. 04. 13:0 on 13:30, the Defendant driven the above vehicle, and driven the three-lane road of the Sl. Sl. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa. Sa.

Since this is a remote intersection with a signal apparatus, the defendant engaged in driving service has a duty of care to drive safely according to the direction of signal, etc. while driving as the defendant.

Nevertheless, despite the fact that the signal in front of the moving direction was changed to a yellow stop signal, there was a negligence of entering the intersection as it was without stopping in the stop line and having entered the intersection as it was.

The part of the victim C(55 years of age, n) driving D) which stops in the yellow point section pursuant to the new code after stopping in the signal signal at a one-lane opposite to the direction of the course was shacked with the front part of the vehicle in front of the driving seat of the above golf vehicle.

In this way, the victim C suffered injuries such as brain salvin, etc. requiring treatment for about five weeks, and the victim E (the 48 years of age, women) suffered injuries such as salvinum salinum, etc. requiring treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of the practical survey report, diagnostic certificate, and Acts and subordinate statutes governing the scene of accident;

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. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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