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(영문) 부산지방법원 2017.07.19 2017고정967
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 3, 2017, at around 16:58, the Defendant had a duty of care to safely drive and prevent accidents in accordance with signals or instructions indicating traffic safety facilities in front of Busan, the following cases: (a) in order for the Defendant to drive a business D car and drive it in the direction of a boarding intersection in the direction of a boarding intersection; (b) in order to enter the direction of a boarding intersection in the direction of a lighting bridge, the location is an intersection where signal, etc. is installed; and (c) in such cases, the Defendant has a duty to safely drive and prevent accidents.

Nevertheless, the Defendant neglected this and caused an injury to the victim E-(36)’s knee-in, who was bypassing under the new name in the direction of the front-dong in the direction of the front-dong when the Defendant was negligent in failing to observe the signal and direction, on the ground that the Defendant exceeded the road floor in order to avoid collision with the Defendant’s vehicle, thereby resulting in an injury to the said victim, such as knee-in, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reports on traffic accidents and police investigation reports;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are agreed with the victim, and the facts that the defendant is the first offender shall be considered as favorable to the defendant, and the punishment shall be mitigated than the summary order by comprehensively taking into account all other circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.

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