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(영문) 부산지방법원 2019.10.16 2019고정844
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

On April 10, 2019, the Defendant driven a Cubus car at B on April 16, 2019, and driven the front road of the Cubus intersection from the court located in the Busan East-dong-dong-dong, along the two lanes in the direction of the U.S. south intersection, and changed the course to the one way immediately after passing through the intersection.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear and brake system and to change the course at a safe speed and method while paying attention to the vehicle that proceeds from the change.

Nevertheless, as a result of the negligent change in the course of the defendant's vehicle due to his negligence, the victim C(37 years of age)'s right side portion of the victim's car, which was driven by the defendant's vehicle at the left side of the vehicle of the victim C(37 years of age), was received as the left-hand side portion of the vehicle of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Photographs of an accident vehicle;

1. Application of Acts and subordinate statutes on investigation reports (including the analysis of black stay images, CDs);

1. Article 3 (1) of the relevant Act concerning facts constituting an offense and Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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