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(영문) 부산지방법원 동부지원 2015.07.02 2015고정846
교통사고처리특례법위반
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 March 5, 2015, the Defendant driven a “B” SL125cc c. Around 12:52, the Defendant driven a two-lane road in front of the Busan Suwon-gu C building in the direction of the KBS broadcasting station.

On the other hand, there is a crosswalk where signal lights are installed, so in such cases, there was a duty of care to prevent accidents by complying with the signal to a person engaged in driving service while driving the crosswalk in good faith.

Nevertheless, the Defendant neglected this and sustained an injury to the victim D (24 years of age) who dried the crosswalk from the right side of the direction of the Defendant’s proceeding to the left side according to the Mad-in pedestrian signal, and caused the victim to suffer an injury, such as a fluoral salt, which requires around three weeks of treatment.

Summary of Evidence

1. Partial statement made by the defendant in this Court;

1. Statement of traffic accident report prepared by police;

1. Statement in the traffic accident situation or statement prepared by D;

1. To describe a copy of a medical certificate of D prepared by a doctor E;

1. Application of each film-related statute to photographs of the accident site (Evidence No. 16-21)

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act (the fact that a traffic accident has been paid while driving in violation of signals), Article 3 (1) and the proviso to Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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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