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(영문) 부산지방법원 2016.10.28 2016고단3167
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 driving of C concrete mixed trucks.

On April 30, 2016, the Defendant driven the above truck on April 11, 201:30 minutes, and got straight from the intersection of Busan Gangseo-gu, Busan Metropolitan City, which is located in the Gangseo-gu Busan Metropolitan City, in front of the chill apartment, along the two-lanes from the side of the International New City, the Defendant received the back part of the ECA 1105 Obama of the victim D (the age of 65) driving on the crosswalk to the right side of the said truck, due to the negligence that violated the stop signal, while driving in front of the two-lanes from the 3-lane of the International New City.

The Defendant suffered injury to the victim, such as a thring of the right fluor in need of treatment for about eight weeks due to the foregoing traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of the accident vehicle;

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) and Article 3 (1) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the

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

1. A traffic accident occurs due to gross negligence of a violation of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the sentencing reason of the provisional payment order, and thus recognizes and reflects the victim’s erroneous determination favorable to the fact that the victim suffered an unfavorable injury. Around January 1998, there was no record of criminal punishment after the occurrence of a comprehensive insurance policy, and the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, environment, circumstances leading to the crime, etc., and circumstances after the crime.

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