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(영문) 부산지방법원 2020.05.06 2020고단804
교통사고처리특례법위반(치상)
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 a B-math cargo vehicle.

On February 21, 2020, the Defendant driven the above cargo at the intersection located in the Busan Jin-gu, Busan, and led to the C Hospital in the direction of C Hospital at the intersection of the written intersection.

Since the place has a signal apparatus installed, there was a duty of care to reduce the speed prior to entering the intersection and to safely drive a motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected to do so and entered the intersection as it is, due to the negligence of entering the intersection, even though the electric signal was red, brought the front part of the E SL125S two-wheeled by the victim D (the age of 67) who was straight from the left side of the direction of the Defendant’s course to the right side of the vehicle driving by the Defendant.

결국 피고인은 위와 같은 업무상 과실로 피해자 D에게 약 6주간의 치료가 필요한 무릎뼈인대의 손상 등의 상해를, 위 이륜자동차에 동승하고 있던 피해자 F(여, 63세)에게 약 6주간의 치료가 필요한 견쇄관절의 탈구 등의 상해를 각각 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (compics, video CDs file);

1. A traffic accident report and a written statement on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, proviso to Article 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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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