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(영문) 부산지방법원 동부지원 2019.02.21 2018고단2014
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On July 16, 2018, the defendant driving a B K5 car around 16:20 on July 16, 2018, and proceeding a one-lane road in front of the D Animal Hospital located in Busan Shipping Daegu in the direction of re-transmission from the direction of the Dong-dong to the direction of the Busan District Prosecutors' Office.

Since a place where the left turn is made by the defendant is a place where the median line is installed, the driver of a motor vehicle shall not pass the left part of the center line or turn to the left beyond the center line.

Nevertheless, the Defendant neglected this and got the victim E (the age of 24) who was a pedestrian in walking the road above the center line due to the negligence of the left-hand turn beyond the center line, was shocked to the front part of the Defendant’s vehicle, so that the victim exceeded the floor.

As a result, the defendant suffered injury, such as the charge of salvating the right satisfaction for about six weeks of treatment by the victim, and the charge of salvating the person by subrogation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on site photographs, a survey report on actual conditions, traffic accident occurrence report, a copy of a diagnosis, investigation report (related to the occurrence circumstances of the accident and attaching on-site photographs, etc.);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed by causing a traffic accident that intrudes the central line, resulting in injury to the victim, such as a satisfying of the right-hand satisfy, by subrogation of the right-hand satisfy that requires treatment for about six weeks. The crime is disadvantageous

However, it is favorable for the defendant to recognize the facts charged, such as the fact that the vehicle of this case is covered by the comprehensive automobile insurance, and that the defendant has no record of criminal punishment.

The age, character and conduct of the defendant;

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