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(영문) 부산지방법원 동부지원 2014.04.28 2014고정408

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 13, 2013, 16:05, the Defendant made a left turn turn to the left one way of the front distance of the hot spring in front of the articles of incorporation of the Busan Metropolitan City captain-gun's articles of incorporation from the telar building room to the opium of the Arainian private teaching institute.

Since there is a crosswalk, in such cases, the driver of the vehicle has a duty of care to safely drive the road by reducing the speed, and to ensure that the driver has a duty of care to safely drive the road.

Nevertheless, the defendant neglected to do so and followed by negligence, and brought the victim B (the age of 80) who has dried the crosswalk from the right side of the defendant's vehicle driving direction to the left side of the road.

As a result, the Defendant suffered from the injury of the victim, such as the flaging of the flag during the 8-day period from the occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A report on investigation;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Selection of an alternative fine for punishment;

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

1. Taking into account the fact that crosswalks were crossed off a lot of crosswalks at the accident site where the sentencing of Article 334(1) of the Criminal Procedure Act is based on the sentencing of the provisional payment order, the fact that the defendant agreed with the victim, and the defendant's nursing of an elderly victim and his/her family members are actively taking the defendant's preference, so far as long as the nursing of the elderly victim