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(영문) 부산지방법원 2014.06.09 2014고단2256

교통사고처리특례법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B M&A car.

At around 02:30 on January 30, 2014, the Defendant driven the above vehicle, leading the victim C (the 66-year-old) who followed the above crosswalk to the direction of the main intersection from the hospital for veterans, and the location of the road in front of the main subway station No. 6 of the main subway station in Busan, the Defendant opened a crosswalk at the front of the hospital. As such, the person engaging in driving service was negligent in failing to take care of his duty of care to reduce speed and to safely drive the road and to prevent the accident by safely driving the vehicle, and by failing to take care of his duty of care to prevent the accident in advance.

In the end, the Defendant suffered from the Defendant’s pressure pressure 4 times in the 12 weeks period of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, photographs of the accident vehicle, and photographs of the accident site;

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

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

1. Although the sentencing of Articles 70 and 69(2) of the Criminal Act is limited to the extent of damage caused by reason of the sentencing, the sentence like the order shall be imposed in consideration of various sentencing conditions indicated in the instant case, such as the fact that the Defendant agreed with the victim, that the instant vehicle is covered by the comprehensive motor vehicle insurance, that the Defendant is against the Defendant, and that the Defendant has no criminal power.

It is so decided as per Disposition for the above reasons.