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(영문) 부산지방법원 동부지원 2012.10.18 2012고정1275
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a driver of B1 ton truck.

On June 18, 2012, when driving the above vehicle around 18:07, the first line road in the front of the National Bank of the U.S. Do, Busan, the Do Do Do Do Do Do Do Do Do Do dong, Busan, was driving at 20 kilometers each hour from the direction of the shipping crossing market.

In such cases, if a person engaged in driving of a motor vehicle reduces the speed, well sees the front left well, and a pedestrian passes a crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to send pedestrians first and to check the safety of pedestrians, and to prevent the accident from occurring.

Nevertheless, the defendant neglected this and continues to proceed at the same speed.

The victims C (the age of 15) and the victims D (the age of 16) who cross the crosswalk to the right side from the left side of the crosswalk were found to be late, and the victims were forced to avoid this, but the victims were not faced, and the victims were forced to sit on the ground floor due to the left side of the above vehicle of the defendant.

The defendant's occupational negligence caused the victim C with the 2-year cryptive typism, the two-way crypism to the victim C, and the victim D with the three-way crypump typump typum.

Summary of Evidence

1. Partial statement of the defendant;

2. Partial statement of the police interrogation protocol of the defendant;

3. Statement on the occurrence of each traffic accident;

4. Investigation report (chhographic photo).

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

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal Act

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. Article 334 (1) of the Criminal Procedure Act.

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