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(영문) 부산지방법원 2015.04.01 2014고단9253
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B 125cc.

On October 20, 2014, the Defendant driven the above Obane on October 20, 2013:55, and operated a four-lane road in front of the gallongal apartment in the Busan Jin-dong, Busan, with two-lanes depending on the speed of 40km from the intersection to the viewing side.

At the time, there are crosswalks at night and at the front of that place, where signal lights are installed, so it was necessary to check whether there is a person who gets on the off-to-land driving service in order to reduce the speed for the person engaged in driving service, and to safely drive the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim C (58 years of age) who was crossing the crosswalk from the right side of the crosswalk to the left side by the negligence of continuing the signal at the same speed, even though the signal was changed to the stop signal of the vehicle. However, in order to avoid this, the Defendant failed to avoid it, and caused the victim to go beyond the ground by taking the front side of the victim's right side of the road.

After all, the Defendant suffered injury to the victim, such as a ductating the right pelle, which requires approximately 13 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The written statement of the defendant;

1. Statement of the occurrence of each traffic accident by a defendant or C;

1. Application of Acts and subordinate statutes to a traffic accident report, a traffic accident report, an on-site accident photograph and scene image;

1. The fact that the victim agrees with the victim that he/she would take the front action against the defendant, and the same criminal records do not exceed the same criminal records, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Code, and Article 268 of the Criminal Code.

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