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(영문) 부산지방법원 2015.07.21 2014고단7047
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CK5 vehicles.

On June 4, 2014, at around 21:45, the Defendant proceeded near Gyeongnam Bank located in the Seonam-dong Busan Metropolitan City trile Lawon the surface of the LG Electronic Islands.

Since there is an intersection with a signal signal, and a crosswalk is installed, in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle by properly observing the signal and checking whether there is a pedestrian walking the crosswalk.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and caused the victim D (the age of 53) to cut the crosswalk to the right side of the above vehicle on the left side by the front side of the vehicle.

As a result, the Defendant suffered from the above occupational negligence that requires approximately 12 weeks of medical treatment to the victim.

[The defendant and defense counsel are disputing the parts and degree of injury, but according to the witness examination protocol and diagnosis document of this court E, it can be sufficiently recognized that the injury of the victim's judgment was caused by the accident of this case.] The summary of evidence

1. The defendant's partial statement in the first protocol of trial;

1. Protocol of examination of witness to E of this court;

1. Statement by the prosecution concerning D;

1. A medical certificate;

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

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention of the workhouses is that the defendant caused a traffic accident involving pedestrians in violation of the signal, and the degree of injury suffered by the victim. However, the defendant agreed with the victim only, the comprehensive motor vehicle insurance was purchased, the defendant counter-offenders his mistake with the initial offender, and other reasons.

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