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(영문) 부산지방법원 2017.10.25 2017고정1689

교통사고처리특례법위반(치상)

Text

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

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 a string driver.

On April 2, 2017, the Defendant driven the above van on April 12, 2017, and moved the intersection in front of the international passenger terminal in Busan Dong-dong, Busan, to the direction of five wharfs from the direction of the passenger terminal.

Since it is an intersection with a crosswalk and a signal signal with a stop line, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals after reducing speed and checking the right and the right of the driver.

Nevertheless, if the defendant neglected this and entered the intersection to make a right-hand turn beyond the red signal stop line in contravention of the signal, the defendant, at the left-hand side of the mast-way 25cc driving D 125cc in front of the victim C(39cc) who was directly engaged in under normal signals, conflict with the front-hand part of the defendant's driving.

As a result, the Defendant suffered injury to the victim, such as a escape from the right dog to the right dog in need of approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Police investigation report (on the face of an accident, image, etc.);

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 3(1) and the proviso to Article 3(2)1 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s primary offender; (b) the agreement with the victim; and (c) the Defendant’s age, sex, environment; (d) motive, means and consequence of the commission of the crime; and (e) the circumstances constituting the conditions for sentencing, such as the circumstances after the commission of the crime, shall be comprehensively taken into account, and the punishment shall be mitigated than