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(영문) 부산지방법원 2019.01.18 2018고정868
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person driving a vehicle B with a carren (hereinafter referred to as “instant car”) on duty.

On November 30, 2017, the defendant, around 19:10 on November 30, 2017, proceeded in the middle line from the middle line of the Busan Jin-gu to the middle line of the Busan Jin-gu.

At that place, there is an intersection where signal lights are installed.

In such cases, a driver of a motor vehicle has a duty of care to confirm whether there is a vehicle passing through an intersection by checking well the front side of the motor vehicle and to prevent the accident by driving safely according to the traffic signal in advance.

Nevertheless, even when the indication of the front signal was changed to yellow signal, according to the evidence examined by this court, unlike the facts charged, the defendant can be acknowledged as above, and even if it was recognized as above without modification of the indictment, it does not seem to hinder the defendant's defense.

It is dissatisfying that it is, as it is.

양정교차로 방면에서 삼전교차로 방면으로 직진 진행하던 피해자 C(54세 남성)이 운전하는 D 대만 산양모터스(SYM, 三陽工業) 지티에스(GTS)300 에보(EVO)이륜차량(이하 ‘이 사건 오토바이’라고 한다) 정면 부분을 피의차량 운전석 측면 부분으로 충격하였다

(hereinafter “instant traffic accident”). Accordingly, the Defendant suffered from an injury to the victim due to the following: (a) the Defendant’s negligence in the course of performing duties: (b) around three weeks; (c) the Defendant suffered from the injury.

In this regard, Defendant/Defense Counsel asserted that the instant traffic accident was only caused by the victim’s negligence in violating the signal signal.

However, the testimony of the defendant's spouse E, which corresponds to the above argument by the defendant/defense counsel, is not directly witnessed by the witness, and there is no objective data in that it is a person having the same interest as the defendant.

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