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(영문) 부산지방법원 2014.07.28 2014고단4150

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On April 28, 2014, the Defendant driven the above car on April 23:52, 2014, and led to a two-lane of the road in the vicinity of the children's representative park in Seocho-gu Busan, Busan, along the two-lane distance from the side of the children's representative park to the sub-Eup/Myeon.

At the time, night, and it was not good to see, and there is a vehicle signal apparatus and crosswalk installed therein, so a person engaged in driving of a motor vehicle has a duty of care to reduce the speed of the motor vehicle sufficiently and to see the right and the right of the road well, and to prevent the accident in advance by driving the motor vehicle safely according to the traffic signal.

Nevertheless, the Defendant neglected this and continued to proceed without viewing it despite the pedestrian signal of the crosswalk, and the Defendant received the victim C (58 years old), the victim D (V), and the victim D (year 44 years old), respectively, from the right side of the vehicle in front of the said vehicle, who opened the crosswalk according to the pedestrian crossing signal, from the right side of the vehicle in front of the said vehicle.

As a result, the Defendant suffered injury to the victim C, such as the left-hand slovasosis, which requires approximately six weeks of medical treatment, due to the above occupational negligence, and the victim D suffered injury, such as the left-hand slovasium which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement C, D, and E;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs related to traffic accidents;

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

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

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

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant agreed with the victims, and the vehicle in this case is the vehicle.