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(영문) 부산지방법원 2016.06.15 2015고단6996
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 a Clearning car.

On April 26, 2015, the Defendant driven the above car at around 05:00, and driven the three-lane road in front of the trigram law of Busan City, along with three-lanes from the same side of the week to the new line.

Since there is a crosswalk in the front door, there was a duty of care to see the front door and the right and the right and the right and the right and the right of the driver, and to accurately operate the steering and the steering system.

Nevertheless, the Defendant neglected this and proceeded on the left side of the Defendant’s proceeding, thereby changing the pedestrian signal from the front side of the Defendant’s proceeding to the stop signal while the pedestrian signal was cut off to the stop signal in accordance with the pedestrian signals, but the Defendant’s failure to cut the crosswalk (70 years of age) to the front side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the part of the right satisfaction, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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 sentence of a fine like the order shall be imposed in consideration of the circumstances, such as the fact that there is no previous conviction for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the application of liability insurance is paid to the victim, the fact that a certain amount of money is deposited for the victim after the defendant was prosecuted, the fact that the crime is recognized and the mistake is remarkably divided, the circumstances leading to the occurrence of the accident and the degree of negligence of the defendant, etc.

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