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(영문) 부산지방법원 2014.05.02 2014고단158

교통사고처리특례법위반

Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

The Defendant is a passenger car driver B.

On October 18, 2013, the Defendant was driving the foregoing vehicle, which was around 07:43 on October 18, 2013, and was driving in front of the Busan Dong-dong Middle School, Busan, and was driving in the direction of Dong-gu Office on the side of the department store.

Since the location is where signal lights and pedestrian crosswalks are installed, the defendant engaged in driving a motor vehicle had a duty of care to prevent the occurrence of the accident in advance by safely driving the front left and right in accordance with the new code.

Nevertheless, when the Defendant neglected this and went on by a mistake in violation of the signal, the Defendant got out of the right side of the Defendant’s course to walk the above road along the crosswalk in line with the pedestrian signals, and turned over the road along with the bicycle by shocking the victim C ( South and 12 years old) who was standing on the front side of the above vehicle of the Defendant.

The Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as cutting the body satisfy to the right, which requires six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the traffic accident actual condition investigation report and investigation report (Attachment of a medical certificate);

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Selection of punishment is not provided for in the light of the negligence of the accused and the degree of damage inflicted on the victim, but such selection shall be made in consideration of the fact that there is no same type of punishment, a comprehensive insurance policy, and a certain amount of money deposited for the victim, but the amount of fine shall be determined in consideration of all the circumstances;