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(영문) 부산지방법원 2018.02.08 2017고정2088
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On June 11, 2017, the Defendant driven a CBS taxi at around 02:15, while proceeding D from the next subway station to the East-gu Office of the Busan East-gu.

In this case, a person engaged in driving of a motor vehicle has a duty of care to observe the lane and to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and received the full part of the part of the 125CC, which was driven by the injured party E (19) who was driving on the road opposite to Madern due to negligence, as the part of the Defendant’s driving in front of the said taxi.

Ultimately, the Defendant suffered from the injury of the victim E and the victim F (18 years old) on the part of the above occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A traffic accident report prepared by E;

1. A traffic accident report and accident scene photograph;

1. Application of each medical certificate (16 pages of investigation records) statute;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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