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(영문) 부산지방법원 서부지원 2019.10.24 2019고정577

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in rocketing or other corporation taxi driving service.

On March 15, 2019, the Defendant driven the above vehicle at a speed of about 20km from March 15, 2019 to drive it at a speed of about 10km from the front of the D Bank C at the intersection of the lower intersection.

Since there is an intersection where traffic signals are installed, there was a duty of care to prevent traffic accidents to those engaged in driving of a motor vehicle according to signals or instructions indicating traffic safety facilities.

The Defendant, by negligence in violation of the signal on green light, received the front part of the victim E(34 years old) driving FWW125 124cc, which was driven in three-lanes in the opposite direction to green light, as the front part of the Defendant’s vehicle’s right side.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the right-hand side franc, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. Blue fluor photograph of a black stuffe image;

1. Photographs of the damaged vehicle;

1. Application of Acts and subordinate statutes of a 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;