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(영문) 부산지방법원 2016.11.11 2016고정3231

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On June 30, 2016, the defendant driving a B-si, driving the above vehicle on June 30, 2016, and driving it on June 23:56, 2016, led the D-cafeteria in front of the D-cafeteria C, Busan, to go directly at a speed of about 10km per hour from the edge of the printing frame.

In such cases, when the driver of a motor vehicle reduces the speed to the person who drives the motor vehicle, well sees the front left well, and pedestrians walk the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians, check the safety of pedestrians, and prevent the accident from occurring.

Nevertheless, the defendant neglected this and continues to proceed at the same speed.

The victim E (the age of 47) who was crossing the left-hand side of the crosswalk was immediately found and operated to avoid this, but the defendant's body was received from the front part of the passenger car and got the victim to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as the mouth, right-hand, etc., which requires approximately six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report;

1. A medical certificate;

1. Application of the Act and subordinate statutes on Investigation Report (Attachment to Blue Stacks and Video CDs);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the selection of fines;

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;