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(영문) 부산지방법원 2020.06.01 2020고정501
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a low-speed car.

On January 16, 2020, the defendant driven the above car at around 13:40, and passed the sidewalk in order to go back from the two-lanes of the road where the sidewalk and the roadway are divided from the inside of the D located in Busan Dong-gu C.

In this case, the driver of the vehicle has a duty of care to temporarily stop the vehicle immediately before crossing the sidewalk to prevent the passage of pedestrians after examining the left-hand side and the right-hand side.

Nevertheless, the Defendant neglected to do so and received the following parts of the passenger car, such as the victim E (V, 55 years old) who was trying to catch a taxi at the reported place by negligence.

As a result, the Defendant suffered from the victim’s occupational negligence that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Each description in the traffic accident report (1) and (2);

1. Descriptions of a medical certificate;

1. Statement in the police statement of E;

1. Application of each of the visual Acts and subordinate statutes to CCTV images;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

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

1. Although there are circumstances unfavorable to the defendant in the instant case, such as the fact that the negligence of the defendant who caused a traffic accident in the report of the reason for sentencing under Article 334(1) of the Criminal Procedure Act does not seem to be light, the defendant failed to take necessary measures, such as informing the victim immediately after the accident, and the fact that the criminal records of punishment by the defendant extend up to 11 times, although there are circumstances unfavorable to the defendant, such as the confession of the defendant, the vehicle driven by the defendant is covered by a comprehensive insurance

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