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(영문) 부산지방법원 2015.05.13 2015고단939
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 15:23, 2015, the Defendant driven a car with B-ro as of January 15:23, 2015, and operated the first line road of 145-1, Seo-gu, Seo-gu, Busan, Seo-gu, Seo-dong, Seo-dong, Seo-gu, with the Seo-gu, Seo-dong, Seo-dong, Seo-dong, to the Seo-dong, Seo-dong

Since the place has no signal apparatus in the front of the crosswalk, in such cases, a person engaged in driving service shall reduce the speed and make a well-being of the front door, and if a pedestrian passes the crosswalk, he/she has the duty of care to temporarily stop in front of the crosswalk and protect the pedestrian.

Nevertheless, the Defendant neglected to do so and neglected to enter the crosswalk and found the victim C (here, 60 years of age) who walked on the crosswalk at the time due to the occupational negligence of which the Defendant went to the crosswalk, and immediately stopped, but did not avoid the situation, and received the victim by driving ahead of the said car.

The Defendant suffered injury to the victim, such as an influoral flasium, which requires eight weeks of medical treatment due to the foregoing traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of each traffic accident by Defendant C and C;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (Calculation of Whether a fine is covered by comprehensive motor vehicle insurance, the first offender, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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