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(영문) 부산지방법원 2018.08.17 2018고정987

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 of Cone Star Co., Ltd.

On February 27, 2018, the Defendant driven the above vans around 19:30 on February 27, 2018, and turned the intersections in front of the 2nd exit located in the Seowon-dong, Busan, Dong-dong, Seowon-dong, to the gold-dong bank.

In such cases, the driver has a duty of care to check whether there is a cross-road vehicle by reducing speed or temporarily stopping the vehicle and to drive safely.

Nevertheless, the Defendant neglected this and got off the part of the right side of the E-to-face driven by the victim D (19 years old) who was going through a gold-hacking slope from the bank of the e-mail intersection by negligence of bypassing it to the left side of the above e-mail.

Ultimately, the Defendant suffered injury to the victim, such as cutting the bones of her bones, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A traffic accident report;

1. A report on fire-proof accidents (inspection of accident scenes and surrounding CCTVs);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 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;