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(영문) 부산지방법원 동부지원 2019.02.14 2018고단2444
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On July 15, 2018, the Defendant driven the above vehicle on July 12:26, 2018, and proceeded the crosswalk in front of the subway station located in the west-gu Busan metropolitan transportation Daegu, to the speed of about 10 km from the right side to the (Gu) shipping station.

Since there is a crosswalk in which a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce speed and to see well the right and the right and the right of the motor vehicle, and to prevent the accident by driving the motor vehicle safely in accordance with the new subparagraph.

Nevertheless, by negligence, the Defendant neglected this and proceeded in contravention of the signal and received the body part of the victim C (Nam, 75 years old) who was moving on the left side of the road in accordance with the pedestrian signals from the right side as the front part of the Defendant driving vehicle.

As a result, the Defendant suffered injury to the victim as to the 6 weeks of medical treatment due to the above occupational negligence, such as the pelle and the pelle of other pelle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the actual condition survey report, investigation report (field survey, etc.), investigation report (as to attachment of a medical certificate), investigation report (as to attachment of an additional medical certificate);

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

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an unfavorable circumstance where, by causing a traffic accident in violation of a signal, the victim suffered bodily injury, i.e., the victim requires medical treatment for about six weeks, and the victim suffered bodily injury, and the nature of the crime is bad, and the defendant did not agree with the victim.

(b).

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