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(영문) 부산지방법원 2013.10.23 2013고정4305

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a passenger car driver B.

On April 3, 2013, the defendant was driving the above vehicle on April 07:15, 2013, and was driving in the direction of Samsung Electrical, the front of the road at the port port of Busan Gangseo-gu, Busan, for the Green Industry.

Since the location is a private-distance intersection where signal lights and crosswalks are installed, the defendant engaged in driving motor vehicles had a duty of care to prevent the occurrence of accidents in advance due to the following: (a) the defendant engaged in driving motor vehicles had a duty of care to keep the front left and right well; (b) the passage of pedestrians; (c) safe driving

Nevertheless, the Defendant neglected this and went beyond the road by shocking the victim C (ma, 62 years old) and the victim D (ma, 52 years old) who had a crosswalk in accordance with the new subparagraph from the right side of the Defendant’s course to the left side.

The Defendant, by such occupational negligence, suffered injury to the victim C, such as an injury to the blood from an external wound sofaculosis, which has two open situations where treatment between two months is required, and injury to the victim D, such as an injury to the blood from an external wound, etc. on the left-hand slot line, which requires four weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. Statement of traffic accident;

1. An accident scene photograph;

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

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. Articles 70 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;