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(영문) 부산지방법원 2017.07.12 2017고정935

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 CL125S 124cc.

On November 29, 2016, the Defendant driven an off-road 18:20 on the upper part of the 18:20th day of November 29, 2016, and led the crosswalk in front of the LG Library located in the YY-dong, Busan, to proceed directly at an insular speed along the two-lanes between the two-lanes from the side of the Busan fire headquarters.

Since a crosswalk without signal, etc. is installed, in such a case, there was a duty of care to reduce the speed for the driver of the motor vehicle and to ensure the right and the right of the driver of the motor vehicle, and to ensure the safe driving of the motor vehicle to prevent the accident by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded on the left side of the proceeding direction and received the front part of the victim D (the 61 year old 61) who opened the crosswalk in a normal way along the crosswalk from the right side of the proceeding direction, from the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim in the upper part of the upper part of the upper part of the upper part of the river which requires approximately six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police investigation report (as to attachment of a medical certificate);

1. Application of Acts and subordinate statutes to traffic accident reports;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant agreed with the victim, the defendant acknowledges and reflects his fault, the defendant's economic situation is difficult due to his old age, and other conditions of sentencing, such as character, environment, motive, means and consequence of the crime, etc.