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(영문) 부산지방법원 2016.05.26 2016고정1078
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 26, 2015, around 08:40 on September 26, 2015, the Defendant driven a two-lane road in front B of Busan Metropolitan Government B with one-lane in the direction of the Gu office to the Busan Regional Military Manpower Administration.

There are two different lanes, and a center line is installed on the left side of the running direction controlled by signal apparatus, so there was a duty of care to protect the vehicle line well and to safely drive the vehicle by preventing accidents in advance.

Nevertheless, the Defendant neglected this and went beyond the median line with the opposite opposite line, and was negligent in proceeding with the opposite line, and at this time, the victim D (the 54-year-old driver), who was under normal operation on the opposite road, was placed the front wheeler of the Estyna taxi's driver's seat in the opposite line with the front wheels of the Defendant Oraba.

Ultimately, Defendant 1’s negligence caused injury to the said victim D, such as chills, tensions, etc. in need of approximately three weeks of treatment, and injury to the victim F, who is the passenger of the injured taxi, to the victim F, who is the victim of the 29 years old-old taxi, for approximately two weeks of treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report prepared in D;

1. Each investigation report (with respect to attachment of field photographs and analysis of the speed of damaged taxi vehicles);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

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