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(영문) 부산지방법원 2018.05.01 2017고정1803
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

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 of a C Poter cargo vehicle.

On March 9, 2017, the Defendant driven the above vehicle at around 18:00, and unloaded the cargo from the front sidewalk located in Busan Metropolitan Government Do-gu D, and passed the sidewalk while driving the vehicle at a speed of the speed of the speed of the hour.

After the vehicle, the victim and pedestrians waiting for the crosswalk signal in the state of getting on the floor a bicycle and a bridge.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle so that it does not interfere with pedestrians' passage by safely examining the driving direction before driving the sidewalk.

Nevertheless, the Defendant neglected this and loaded his body on the sidewalk, carried a bridge on the ground floor, taken the victim FF bicycle's right side, etc. waiting for an intersection signal, and let the victim go beyond the left side of the bicycle.

As a result, the defendant suffered injury to the victim in occupational and practical course, such as multi-diversal salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. Photographss related to traffic accidents;

1. A copy of the written estimate (Evidence No. 20 pages of evidence, the fact that the left side is damaged);

1. Application of Acts and subordinate statutes of a copy of a medical certificate (Evidence No. 19th);

1. Relevant Article 3(1) and the proviso to Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

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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