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(영문) 부산지방법원 2016.07.20 2016고정1528
교통사고처리특례법위반
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 engaging in driving a rocketing car.

On September 1, 2015, the Defendant driven the above vehicle at around 07:50, and changed the right-hand turn to the left-hand turn from the first lane of the four-lane forest apartment site located in the eurgian-gu Busan metropolitan area to the right-hand turn.

In such cases, a person engaged in driving service has a duty of care to inform him/her of the direction change in advance and to safely drive his/her vehicle driving in order to ensure that it does not interfere with the passage of another vehicle by taking into account the traffic situation of the former and the latter.

Nevertheless, the defendant neglected to turn to the left at the same direction, and received the back part of the left side of the D SPP car driving by the victim C (W, age 31) who is driving at the same direction, as the front side of the defendant's vehicle.

Defendant 1 suffered injury to the victim C by negligence in the course of performing the above duties, such as severe fluoral dynasium in need of approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. A traffic accident report (on-site investigation report), photograph, and black image CDs involved in the disaster;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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

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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