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(영문) 부산지방법원 2014.08.14 2014고정2039

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a taxi driver B.

On January 1, 2014, the Defendant was driving the said motor vehicle on January 1, 2010, and was driving on the intersection from the middle industry side of the Handong-dong, Busan Metropolitan City, to the intersection of the said motor vehicle.

Since the location is a three-distance intersection where signal lights are installed, there was a duty of care for a person engaged in driving a motor vehicle to live well on the right and the right of the road, and to prevent the occurrence of the accident in advance by safely proceeding in accordance with the new code.

Nevertheless, the Defendant neglected this and led the Defendant to the left side of the taxi in front of the victim C(V, 60 years old) driving on the right side of the driver C(V) who is proceeding from the right side of the defendant's route to the direction of the driver's lane when he acted in violation of the signal.

The Defendant suffered injury to the victim C by occupational negligence during approximately two weeks of medical treatment. The Defendant suffered injury to the victim E (the 72-year-old passenger) who was aboard the taxi, and suffered injury, such as fluoral salt, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of a traffic accident of C and E;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes concerning 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, Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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;