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(영문) 부산지방법원 2016.04.20 2015고단8440

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obaba in B.

On November 29, 2015, around 15:30 on November 29, 2015, the Defendant driven the above Oba in the middle line of the second line in the vicinity of the Yaju-dong, Seosan-dong, Seosan-dong, Seosan-dong, Busan, and continued to drive the above Oba in the middle line of the second line.

Since there is a road sign board for prohibiting entry into a one-way road, there was a duty of care that a person engaged in a driving service should not proceed as a pan-off plane from the Southern-dong bank.

Nevertheless, the Defendant neglected this and caused the injury to the victim, such as the thring of the string frame of the string part, which requires approximately seven weeks of medical treatment, by having the victim c (35 years old) walked along the opposite direction from the bicycle and slabway of the victim C (35 years old) driving along the opposite direction while driving along the road.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. Investigation reports ( telephone conversations between a person with a shooting range) and investigation reports ( telephone conversations between a person with a shooting range);

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

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

1. Selection of an alternative fine for punishment;

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

1. The sentence identical to the disposition shall be imposed in consideration of the circumstances, such as the first offender with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the subscription to a comprehensive insurance, the agreement with the victim after the indictment, and the fact that the victim’s mistake appears to have contributed to certain degree in the occurrence of an accident.