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(영문) 부산지방법원 2016.05.18 2016고단1241
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 the duty of driving B rocketing taxi.

On November 15, 2015, the Defendant driven the above taxi at around 06:30 on the 06:15th day of Busan City, and led the Defendant to proceed one way in front of the first apartment parking lot next to the 1210 m, 53th day of the Handong-dong, Busan City, Seodong-gu, in the direction of the death elementary school.

At the time, there was a night and a place where the center line of yellow solid lines is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly operate the motor vehicle in the front and the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and caused the injury of the victim C (53) who walked a road on the right side from the left side of the running direction of the Defendant’s vehicle due to the negligence of breaking the center line as it was, thereby getting the front part of the Defendant’s vehicle into approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

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

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

1. Selection of an alternative fine for punishment;

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

1. It shall be sentenced to the same punishment as the disposition in consideration of the circumstances, such as the first offense with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the membership in the Financial Cooperative, the agreement with the victim, the recognition of the crime, and the depth of the mistake;

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