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(영문) 부산지방법원 2014.01.09 2013고정5225

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a passenger car driver B.

On June 28, 2013, the Defendant was driving the said vehicle with the business around 09:55, and was driving ahead of the Busan B-WOLD mobilephone agent in the direction of the mountain intersection.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent the occurrence of accidents in advance by safely driving the motor vehicle by keeping the right and the right on the front side, maintaining a sufficient distance from the motor vehicle in front.

Nevertheless, the defendant neglected this and proceeded too close to the vehicle in front, and the D car of the victim C(W, 41 years old) was stopped for the signal atmosphere, and it was not timely discovered, and it was shocked by the front part of the passenger car of the defendant.

The Defendant suffered from an injury to the victim by negligence in the course of performing the above duties, such as fluoral salt, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of traffic accident;

1. A traffic accident report;

1. Application of investigation report (limited to attachment of certificate of subscription to automobile insurance), investigation report (limited to attachment of certificate of subscription to automobile insurance), Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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;