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(영문) 부산지방법원 2016.05.18 2016고단307
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 driving of a sports-for-sports vehicle in D amount.

On November 8, 2015, the Defendant driven the above car on the 12:35th day of November, 2015, and led to the two-lanes in front of the large tunnel in Seo-gu Busan, Seo-gu, Busan, to proceed along the opposite tunnel from the intersection to the opposite side of the intersection.

At the time, since there is a center line, a person engaged in driving duties of a motor vehicle has a duty of care to safely drive the motor vehicle along the lane and prevent the accident in advance.

Nevertheless, the Defendant neglected this and went beyond the median line to the opposite direction and proceeded in the opposite direction, and came to the front part of the Defendant’s driver’s vehicle in the F rocketing drive of the Victim E ( South, the age of 26) driving, and continued to receive the Defendant’s driver’s vehicle in the victim G ( South, the age of 46) driving.

Ultimately, the Defendant suffered, by such occupational negligence, each injury such as salt, tensions, etc. in the cirratum and tensions, from the victim I (the 26th age), who was on the F car, to the victim I (the 36-year age), who was on the part of the bones, etc. of the bones of the satise, which requires approximately 8 weeks of treatment, for approximately 2 weeks of treatment to the victim G (the 46-year age). The Defendant suffered, to the victim J (the 46-year age), each of the injuries, such as salt, tensions, etc. in need of approximately 2 weeks of treatment to the victim G (the 46-year age) who was on the H high-speed car.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G, J and E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 shall be a fine.

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