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(영문) 의정부지방법원 고양지원 2017.05.26 2017고정351
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a benz car.

피고인은 2016. 11. 5. 15:40 경 위 승용차를 운전하여 파주시 미래로 564에 있는 벧 엘 교회 앞 사거리 교차로를 가람마을 1 단지 쪽에서 운 정 스포츠 센터 쪽으로 직진하여 진행하게 되었다.

Since there is a place where traffic is controlled by signal apparatus, in such a case, a person engaged in driving service has a duty of care to safely drive the vehicle in accordance with the signals by reducing speed and taking into account the right before and after the end.

Nevertheless, the Defendant neglected to do so and took the front part of the DK3 car driven by the victim C(32 ) who was straight from the right side of the running direction to the port of the Defendant when he was by negligence in contravention of the red signal signal, and was driven by the victim C(32 ) to the right side of the said benz car, and received the front part of the said benz car.

Ultimately, the Defendant suffered injury to the victim, such as a pressure tracul which requires approximately three weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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