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(영문) 부산지방법원 동부지원 2012.12.26 2012고단4118

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Lone Star Co., Ltd.

Around 06:40 on October 16, 2012, the Defendant driven a 06:40 square vehicle above the 06:0,000, and proceeded two lanes of the gyang distance in the luminousdong-dong, Busan, with two lanes from the luminous beach to the 60km in front of the Nam-dong, Suwon-dong, Suwon.

On the one hand, there was a crosswalk where signal lights are installed, so it was confirmed whether a person engaged in driving of a motor vehicle has a road to reduce the speed and to see well the right and the right of the motor vehicle, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim C (the 73-year old) to cross the crosswalk from the right side to the left side by neglecting the signal such as yellow occupation, etc., and took an urgent action to avoid it from that time. However, the Defendant failed to take the measure and caused the victim to go beyond the ground by taking the body part of the victim's left side due to the lack of the measure.

Ultimately, the Defendant suffered approximately 12 weeks from the above occupational negligence to the victim’s abundance of the closed frame that requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;

1. Investigation Report (general), Investigation Report (general) - Application of Acts and subordinate statutes to the submission of a medical certificate

1. Selection of a fine in consideration of the relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, the fact that the defendant has agreed with the victim, the fact that

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