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(영문) 부산지방법원 동부지원 2013.05.30 2013고정558
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a driver of the Ecuas vehicle B, whose driver’s license was suspended for 50 days from October 27, 2012 to December 15, 2012.

On November 02, 2012, the Defendant violated the Special Act on the Settlement of Traffic Accidents (hereinafter “Special Act”), driving the said vehicle on or around 09:20 on November 02, 201, and driving the said vehicle to the convenience point of 24:0 p.m. at the intersection where the direction of the central line is 24:0 p.m. from the direction of the Grocon Island to the direction of the convenience point of 300:0 p.m.

In such cases, when a person engaged in driving a motor vehicle intends to enter the intersection where a safety mark indicating a temporary suspension or concession is installed, he/she has the duty of care to temporarily stop or yield so as not to obstruct the passage of other motor vehicles so that the accident may be prevented in advance.

Nevertheless, the defendant is negligent in doing so and is proceeding.

neglect is proceeding.

In accordance with the new rule, the driver's part behind the D car driven by the victim C (AW, 46 years old) who is directly engaged in the operation of the D car was collisioned with the front part of the Defendant's driver's vehicle.

As a result, the defendant suffered the victim's salt, tension, etc. that requires two weeks of treatment days due to occupational negligence.

B. From October 27, 2012 to December 15, 2012, the Defendant was driving a vehicle without a license for 50-day driver’s license for the same day as in the preceding paragraph at the same time and in the same manner as in the preceding paragraph, on the road located in Suwon-dong, Busan, for the same day and at the same time as in the preceding paragraph.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. C's statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to traffic accident reports, diagnosis certificates, photographs;

1. Article 3 (1), the proviso of Article 3 (2) and Article 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraphs 1, 43 of Article 152 of the Road Traffic Act, and Article 43 of the same Act concerning criminal facts, respectively;

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