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(영문) 부산지방법원 2014.10.13 2014고정3688

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 1, 2014, at around 08:45, the Defendant driven a freight vehicle of one ton of B in front of Dongcheon-gu Busan Metropolitan City, Busan Metropolitan City, and got back to the sidewalk.

Since there is a place where a sidewalk for pedestrian traffic has been installed, there was a duty of care to confirm that a person engaged in driving of a motor vehicle has no pedestrian traffic by temporarily stopping the motor vehicle and driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and neglected the report, and caused the victim C (year 71) who was placed behind the Defendant’s driver’s vehicle to go beyond the ground by taking back the back of the freight space of the Defendant’s driver’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as brain-dead sugar, for about four weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1, 2);

1. Application of diagnosis certificates and Acts and subordinate statutes on the site of traffic accidents;

1. Article 3 (1) and the proviso to Article 3 (2) and 3 (9) of the Act on Special Cases concerning the 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;