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(영문) 부산지방법원 2016.07.07 2015고정4854

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a Cknife car.

On September 7, 2015, the Defendant driven the above vehicle around 19:30 on September 7, 2015, and proceeded to turn to the left at a speed of about 10km per hour on the side of the Busan Jin-dong located in the Busan Jin-dong.

In such cases, when a person engaged in driving of a motor vehicle reduces the speed, well sees the right and the right on the front side, and pedestrians are passing along a crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians, check the safety of pedestrians in advance, and prevent accidents from occurring.

Nevertheless, the defendant neglected this and continued to proceed at the same speed on the right-hand side of the crosswalk, and he immediately found the victim D (39 years old, south) who crossed to the left-hand side of the crosswalk, and dived it to avoid this.

However, the victim's body was received from the victim's body in front of the car of the defendant without avoiding the situation, and turned the victim over the ground.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement on the occurrence of traffic accidents;

1. Application of CCTV Acts and subordinate statutes;

1. 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 According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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;