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(영문) 부산지방법원 2021.02.03 2020고정1387
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 a W125-wheeled vehicle B.

On August 24, 2020, the Defendant driven the above-wheeled vehicle around 15:30 on August 24, 2020, and led to the two-lane from the front side of Busan City to the E-section from the side of the D building.

Since there is a center line of yellow domin line, a person engaged in driving service has a duty of care to keep the line well and to interfere with accidents by safely operating the vehicle.

Nevertheless, the Defendant neglected this and obstructed the traffic situation on the front side of the vehicle, which led to the failure of the Defendant to walk it, and due to the negligence of the Defendant running along the median line to the opposite opposite line, the Victim F (F, 71 years old) who unauthorized crossing the road from the right side of the last course to the left side of the road was taken as the front side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as a scarcity of a scarke, which requires approximately four weeks of treatment, due to such occupational division and room.

Summary of Evidence

1. Statement F of the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report and investigation report (investigation into the accident site and diagnosis of CCTV reading at the accident site);

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

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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