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(영문) 부산지방법원 2017.01.20 2016고단6773

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of B newland B and B.

On June 15, 2016, the Defendant driven the above 09:56 on the 15th of June, 2016, and moved the front of the D, which is located in Busan, Seo-gu C, to the direction of the Dong-ju University.

Since a crosswalk is installed on the front side, in such cases, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right of the front side and the right and the right of the front side, and to drive safely.

Nevertheless, the Defendant neglected this and proceeded with the front wheels of the victim E (V, 65 years old) who dried the crosswalk as it was due to negligence.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 12 주간의 치료를 요하는 다리의 으깸 손 상 등의 상해를 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (1) (1)

1. On-site photographs;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is based on a comprehensive consideration of the defendant's age, sex behavior, environment, background of the crime, circumstances after the crime, etc., and the sentence is determined as ordered by the order, by taking into account the following factors: (a) although the defendant violated the duty of protection of pedestrians in the crosswalks for the reason for sentencing of Article 334(1) of the Criminal Procedure Act and inflicted bodily injury on pedestrians; (b) the victim is negligent in the occurrence of the accident in this case; (c) the victim does not want the punishment by agreement with the victim; (d) the vehicle is covered by the comprehensive motor vehicle insurance; (e) there