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(영문) 부산지방법원 2019.03.06 2018고단4930

교통사고처리특례법위반(치상)

Text

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

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 driving a e-cub vehicle B.

On October 5, 2018, the Defendant driven the above car on October 19:22, 2018, and made the two-lanes of “D” in Busan East-gu C turn to the left at about 10km per hour from the direction of E crossing to F.

At the time of night, however, the front door of the road was passed along, and there is a crosswalk installed in the front door. In such a case, a person engaged in driving service has a duty of care to check whether or not there is a person who saw a crosswalk by reducing speed and by properly examining the front door and the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, the Defendant did not discover the victim G(56 years of age) who was a road along the crosswalk from the left side of the car driving direction of the Defendant to the right side of the crosswalk, and received the victim by the Defendant's left side of the front driver's car.

As a result, the Defendant suffered injury to the victim, such as locking to the right, which requires approximately six weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G traffic accident statement;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnostic certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Selection of an alternative fine (to consider the circumstances of the accident in this case and the fact that the defendant agreed with the victim);

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;