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(영문) 부산지방법원 2017.06.29 2017고정908

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is a person who is engaged in driving of a B B-S car.

On July 28, 2016, the Defendant driven the above car at around 01:43, and led the front road to the intersection in Busan, the center of Busan, the city of Busan, along the three-lane distance from the delivery to the intersection in writing.

Since there was an intersection where traffic control is performed by signal, there was a duty of care to prevent accidents in advance by driving safely in accordance with the signals to those engaged in driving service.

Nevertheless, due to the negligence that the Defendant neglected this, and thereby, entered the intersection in red signal, the Defendant discovered an error that entered the intersection in order to proceed from the right side of the Defendant’s car driving direction to the vice exhibition from the right side of the electric wave along the direction of the vehicle driving, and received a signal, etc. with the front part of the car in order to avoid the collision with the above Orala, by plpling hand on the right side.

As a result, the Defendant suffered various typical typists (18 tax) to the victim C (18 tax) who was on board the said car for about three weeks of treatment, and the victim D (18 tax) for about twelve weeks of treatment respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report and accident site photograph;

1. Application of Acts and subordinate statutes to each written diagnosis of damage;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;