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(영문) 부산지방법원 2020.09.17 2020고정858
교통사고처리특례법위반(치상)
Text

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

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 B-II cargo vehicles.

On March 10, 2020, the Defendant operated the above vehicle on March 11, 2020, and continued to drive the two-lanes from the front side of D in Young-gu, Busan to the Cheongnam-do.

At the time, the speed was 50 km per hour, so there was a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brakes accurately.

Nevertheless, it did not discover a FK5 vehicle driven by E, which was driven by the U.S. on the opposite lane while neglecting the speed of the restricted speed more than about 46.8 km per hour, and did not discover the U.S. vehicle in front of the Defendant’s driving vehicle and shock the part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim G, who is a passenger of the said passenger car due to the foregoing occupational negligence, such as salt of the minister, tension, etc. requiring approximately two weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. A diagnosis report on the actual condition of a traffic accident;

1. An appraisal report on traffic accident analysis, a black stuff video CD [the defendant had a duty of care to reduce speed above the speed limit because the defendant would have been sucked and proceeded with the speed limit;

() The Defendant could find out the victim’s U-turn at a more distance, and accordingly, could avoid the collision with the damaged vehicle by sufficiently stopping his/her own vehicle. Therefore, proximate causal relation between the Defendant’s overwork and the above traffic accident is recognized. Accordingly, the Defendant’s assertion with the Defendant and the defense counsel cannot be accepted on a different premise) shall be applied to the law.

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts;

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