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(영문) 의정부지방법원 2016.06.16 2016고단930
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a CTB car.

On February 7, 2016, the Defendant driven the above car at around 09:05, and made the four-lanes right turn from the new terminal to the green-sea station.

Since the location is an intersection where signal lights are installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a vehicle passing through the intersection by reducing speed and checking well the front side of the road, and there was a duty of care to prevent accidents in advance by driving safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and went through the intersection in the opposite direction due to the negligence of failing to make a left turn in violation of the signal (e.g., the victim E (e., the age of 51) who passed the intersection in accordance with the new subparagraph, and received the front left part of the driver's vehicle of the Defendant as the front part of the driver's vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as a 12-day pressure straw pressure, etc., and the injury to the victim G (53) who was on a very half-day motor vehicle from the Aburged vehicle, which requires approximately 12-day medical treatment, as well as the injury to the victim H (V, 25 years of age) who was on the said Aburg vehicle, in need of approximately 8-day medical treatment, such as the left-hand side and the surging of internal walls, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident vehicles and on-site 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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant's violation of the signals and led victims to a traffic accident.

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