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(영문) 부산지방법원 동부지원 2018.05.30 2018고단413
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who drives a M-Ba Scar in the M-Ba Scar.

On September 16, 2017, the Defendant driven the said car at a speed of 00:20,000, and driven the said car at a speed of about 83.5 km per hour, depending on the license in Busan metropolitan Daegu Metropolitan City, and the three-lane road in front of the station, in the direction of the transmission station and the high school gate, were driven at a speed of about 83.5 km.

Since there is a road at a speed of 60 km at a speed limit, the driver of the vehicle has a duty of care to safely operate the steering system by complying with the speed and by accurately operating the steering system.

Nevertheless, the Defendant neglected this and operated a speed exceeding approximately 23.5 km per hour, neglected his duty of care, and neglected his duty of care, and the victim C (n, 26 years old) who crosses the crosswalk to the right side of the crosswalk red on the left side of the proceeding direction due to negligence that failed to properly operate the brake system, was completely taken on the front part of the Defendant’s vehicle.

After all, the Defendant suffered injury to the said victim due to the above occupational negligence, such as flaging a credit prop which requires medical treatment for at least six months, flaging a credit, flaging a credit deadly, and flaging a less sexual brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Motor vehicle accident reports (1) (2) , investigation reports (in response to requests for appraisal), application of Acts and subordinate statutes to investigation reports (victim status);

1. Relevant Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act does not include that the degree of negligence of the defendant, and the degree of injury of the victim is very serious.

However, the defendant's mistake is divided into a serious mind, and the victim's unauthorized crossing is also the main factor of the accident in the occurrence of the accident.

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