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(영문) 부산지방법원 2013.04.17 2013고정890

교통사고처리특례법위반

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On October 15, 2012, the Defendant driven the above taxi on October 15, 2012, and led the three-lane road in front of the Military Manpower Administration located in the Sinsidong in Busan, Suwon-gu, to the direction of the horizontal intersection from the new intersection road, and proceeded at an irregular speed depending on the one-lane.

Since the place has a crosswalk where central line and signal, etc. are installed, a person engaged in driving service was found to have a duty of care to safely drive a motor vehicle in accordance with the signals, by checking whether there is a person who gets on a way by reducing speed and by properly examining the right and the right of the road.

Nevertheless, due to negligence of disregarding that the vehicle driving signal has been changed to the stop signal, and by negligence going beyond the center line, the victim C (50 years old) who cross the crosswalk from the left side to the right side in accordance with the pedestrian signals was found late, and applied the hand to the right side in order to avoid this.

The defendant did not avoid the action and had the victim's left-hand bridge around the left-hand side of the taxi go beyond the ground.

As a result, the Defendant suffered injury, such as an injury to the victim, which requires seven weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Reports on traffic accidents;

1. Investigative report (Attachment of image of the accident scene);

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

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.