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(영문) 부산지방법원 2015.05.19 2015고단606
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a passenger car driver B.

On November 9, 2014, the Defendant was driving the said motor vehicle as of November 19, 2015, and led to the driving of the said motor vehicle in front of the D cafeteria C in Busan, the direction of the lower elementary school at the ri-dong.

Since there is a place where signal lights and crosswalks are installed, the defendant engaged in driving a motor vehicle has a duty of care to prevent the occurrence of the accident in advance due to the fact that the driver well sees the right and the right of the front and the safe driving of the motor vehicle, etc.

Nevertheless, when the defendant neglected this and went by a mistake in violation of the signal, the victim E (Nam and eight years old) who dried the above road on the right-hand side of the defendant's course, depending on the crosswalk, was shocked by the front part of the above vehicle.

The Defendant suffered multiple diversity ties in need of two-day medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of treatment;

1. Application of Acts and subordinate statutes to the report on traffic accidents and the report on internal accidents (the examination of signal cycle);

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

1. Selection of fines in consideration of minor damage to punishment and the fact that the parents of victims do not want punishment;

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

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