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(영문) 전주지방법원 2013.07.10 2013고정441
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 13, 2013, the Defendant was a person who drives B rocketing taxi, and, on February 14, 2013, 14:45, driving the said motor vehicle, and driving the steering distance in front of the Montreal real estate in the Yansan-gu Yansan-gu.

Since there is an intersection where signal lights are installed, the defendant driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and led to the mistake of entering the intersection on red signal, and led to the collision of the victim C(57 years old) driving from the right-hand side of the course to the KBS Broadcasting Station in accordance with normal signal, the Defendant shocked the front-hand side of the Defendant’s vehicle into the right-hand side of the vehicle.

The Defendant, by negligence in the course of performing the above duties, suffered from the injury to the victim E (the age of 32) who boarded the above damaged vehicle, such as “infection and tension of the bones of wood,” etc., and the injury to F (the age of 30), such as “infection and tension of satis,” which requires two weeks’ medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report, accident site and vehicle photograph;

1. Investigation report (Attachment of major pages of video images of an accident);

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. Selection of an alternative fine for punishment;

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

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

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