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(영문) 부산지방법원 서부지원 2019.08.14 2019고정292

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a “B” SM5 vehicle volume.

On November 1, 2018, at around 08:25, the Defendant driven the said vehicle, and proceeded to turn to the left at a speed not known to “E” from the boundary of “scoping” to “E” on a one-way road suitable for the “Dma” located in the Busan Lan-gu, Busan.

The location is a private-distance intersection with a crosswalk with no signal signal, etc. in the front.

In such cases, a driver of a vehicle has a duty of care to safely drive the vehicle in front of the crosswalk, such as making it possible for the driver of the vehicle to take the front side, stop the vehicle in front of the crosswalk, keeping the pedestrian in mind, and preventing the accident by driving the vehicle safely.

Nevertheless, the defendant neglected to do so and proceeded on the front part of the above-mentioned vehicle of the defendant, and the victim F, who was standing on the left side of the crosswalk, was shocked by his negligence.

As a result, the Defendant suffered from the injury of “the aggregate of 2 and 3 balance of water, etc.,” which requires the victim to receive approximately five weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and F's statement on the occurrence of a traffic accident;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

1. Articles 70 (1) 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;