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(영문) 부산지방법원 동부지원 2019.06.13 2019고단475

교통사고처리특례법위반(치상)

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B knife vehicle.

Around 02:50 on December 1, 2018, the Defendant driven the above van, and driven the front road of the D, located in Suwon-gu, Busan, at a speed of about 30km from the south-do along the intersection to the south-do.

At this point, a white solid line is located between one lane and two lanes as a three-lane road, and thus, a motor vehicle driver has a duty of care to maintain the course of motor vehicles and horses at a place where a safety sign is installed and it is particularly prohibited to change course.

Nevertheless, the Defendant neglected this and got the part of the victim E(57 years old) driving in the same direction as the Defendant’s vehicle due to the negligence of driving the vehicle by changing the vehicle from the two lanes to the one lane, which was driven in the same direction as the Defendant’s vehicle, into the front part of the upper part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report (1), (2), report on occurrence of a traffic accident, photographs at the scene of an accident, statement on the occurrence of a traffic accident, and medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Although the Defendant’s fault in sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not minor, the Defendant’s fault is against the Defendant, and the Defendant’s age, character, conduct, family relationship, family environment, motive and means of crime, circumstances after the crime, etc. are considered, and all of the sentencing conditions specified in the records and arguments of this case shall be determined as ordered.