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(영문) 부산지방법원 2014.10.13 2014고단3062

교통사고처리특례법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaged in driving DBV (BEAV) 125CC.

On November 203, 2013, the Defendant driven the above Oba, and driven the road of four-lanes in front of the shooting distance of the Busan Port, Busan, Gangseo-gu, Busan, with four-lanes of speed from the signal crossing to the front intersection, the Defendant proceeded about 50km in speed from the signal crossing to the front intersection.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to reduce the speed, to live well on the right and the right, and to drive safely in accordance with the signals.

그럼에도 피고인은 이를 게을리 한 채 차량 진행 신호가 정지신호를 바뀌는 것을 무시하고 그대로 진행한 과실로 을숙도대교 방면에서 퀸덤아파트 방면으로 정상 신호에 따라 좌회전 진행하던 피해자 E(33세) 운전의 F SM520 승용차의 오른쪽 뒷문짝 부분 등을 오토바이 앞 범퍼 부분으로 들이받았다.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to G (V, 33 years old) who is the passenger of the damaged vehicle, for approximately two weeks of medical treatment.

B. Violation of the Road Traffic Act (Free License) driving of the Defendant, without obtaining a motorcycle driver’s license, driven the above Obane from the Irdway in Gangseo-gu Busan, to the front day of the shooting distance of the Busan New Port Oil Station as stated in paragraph 1.

2. Defendant B operates I located in Gangseo-gu Busan Metropolitan Government H.

At the time and place specified in Paragraph (b) of Article 1, A, an employee of the defendant, has driven the defendant's business without a motorcycle driver's license and committed the violation.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Statement of each police statement to E and J;

1. A written statement K and L;

1. The report on traffic accidents (the actual survey report);