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(영문) 부산지방법원 2017.05.11 2017고정329

교통사고처리특례법위반(치상)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is a person who is engaged in driving with B B B but B 125 wheelss.

On November 13, 2015, the Defendant driven a two-wheeled vehicle above 17:20 on November 13, 2015, and immediately driven the D Mart, which is located in Busan Metropolitan Government C, along the direction from the right distance to the daily market at the right distance.

Since there are crosswalks where signal lights are installed, the driver of the vehicle has a duty of care to protect pedestrians by proceeding in accordance with the new code.

Nevertheless, by neglecting this, the Defendant neglected and proceeded with the vehicle driving signal to a stop signal, the Defendant received the victim E (V, 66 years old) who dried the crosswalk from the left side of the Defendant’s vehicle driving direction to the right side in accordance with pedestrian signals, from the front side of the Defendant’s vehicle to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim by his occupational negligence, such as cutting down and closing down the left-hand satis in need of medical treatment for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement (nine pages of investigation records);

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each photograph and diagnostic document attached to each investigation report (the 22,24,26th page of the investigation record);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;