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(영문) 부산지방법원 2018.09.19 2018고정1328

교통사고처리특례법위반(치상)

Text

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

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 who is engaged in driving B, 125cc.

On May 19, 2018, the Defendant driven an off-to-face 20:20 on the upper part of the road, and led to the passage from the side of the Bupyeong-gu Busan to the gravel intersection.

Since there is an intersection where signal, etc. is installed in the front bank, there was a duty of care to reduce the speed to a person engaged in driving service, to live well on the front side and the left side, and to prevent accidents in advance by driving safely in accordance with traffic signals.

Nevertheless, the Defendant neglected this and received the front part of the driving seat of the victim C(27 S) driver's license, which is driven by the victim C(27 S) under normal signals from the on-hand side of the hembane crossing to the black intersection by negligence in contravention of the signal, even though the vehicle signal was red signal.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to investigation reports (referring to submission of medical certificates);

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, and the selection of fines concerning criminal facts;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.