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(영문) 부산지방법원 2013.07.10 2013고정2660
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a B-si driver.

On January 9, 2013, the Defendant driven the above vehicle on January 22:15, 2013, and proceeded forward the way ahead of the modern electrical iron product located in the Busan Soksan-dong, Busan.

Since there is a center line of yellow solid lines, the defendant engaged in driving service has a duty of care to drive safely without breaking the center line.

Nevertheless, in order to overtake a motor vehicle temporarily stopped, the defendant shocked the victim C(54 years old) of the victim C(54 years old) in the opposite opposite lane by negligence going beyond the center line to the opposite lane.

Ultimately, the Defendant suffered injury to the victim C by occupational negligence, such as salvinal salt, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of each traffic accident;

1. A report on a traffic accident, a survey report on actual condition, and a report on the occurrence of a traffic accident;

1. Application of diagnostic certificates, on-site photographs statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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