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(영문) 춘천지방법원 강릉지원 2016.09.09 2016고단1006
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a private taxi in the Do.

On May 15, 2016, the Defendant driven the above taxi at around 22:45, while driving the Cheongdo-si, which is located in 60 Do-si one Do-si, Cheongdo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro one-lane.

At the time, at night and at that time, there was a red-off signal in front of the defendant's proceeding. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by safely driving the motor vehicle, such as entering the intersection, after temporarily stopping the motor vehicle before entering the intersection in accordance with the red-off signal, and after checking whether there is another motor vehicle passing through the intersection, the driver of the motor vehicle has a duty of care.

Nevertheless, the Defendant neglected this and did not temporarily stop at the intersection in violation of red on-and-off signals, and was negligent in proceeding at the intersection as it was, and was done by the Defendant, and the part of the victim C (35 ) who was proceeding directly from the right-hand side of the Defendant’s course to the left-hand side, which was driven by the Defendant C(35 ).

Defendant 2 suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to negligence in the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (Classification of damaged vehicles);

1. Photographss related to each traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the primary crime, and the joining the Financial Cooperative, and the victim’s negligence in light of the circumstances of the instant traffic accident.

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