beta
(영문) 부산지방법원 동부지원 2014.04.24 2014고정243

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a BM5 vehicle.

On November 8, 2013, the Defendant driven the above vehicle at around 20:48, and led to the Busan High-dong Busan High-gu Busan High-ro intersection from the Busan High-ro art gallery to the area of the tunnel, tunnel, bank.

Since there is a place where traffic is controlled by signal apparatus, in such a case, the driver of the vehicle has a duty of care to drive the vehicle slowly according to the signals.

Nevertheless, the Defendant neglected this by negligence and shocked the right side part of the Defendant’s vehicle into the front part of the left side of the vehicle, which was driven by the victim C(25 years of age) who was straighted from the home fluor to the knick distance from the front side of the vehicle by the Defendant’s own negligence in contravention of the signal.

The Defendant, by occupational negligence, sustained an injury to the victim, such as the cryp salted cryp, for five weeks prior to the death.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A traffic accident occurrence report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident vehicles and on-site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Selection of an alternative fine for punishment;

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

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