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(영문) 부산지방법원 2015.04.15 2014고단9636
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 of BM7 vehicles.

On October 31, 2014, the Defendant driven the above vehicle at around 21:40, and proceeded with the intersection of the signal lights, etc. at about 10 times in the Busan Gangseo-gu Busan Gangseo-gu, through the intersection of the signal lights.

It is a place where signal lights and crosswalks are installed, so in such cases, there was a duty of care to keep the signal well to the person engaged in the vehicle driving business and to prevent accidents by checking whether there are pedestrians in the crosswalks well.

Nevertheless, the Defendant neglected this and got the victim C (the age of 29) who walkes the crosswalk on the right side of the said Defendant’s driving vehicle by negligence in violation of the signal.

As a result, the Defendant caused the above occupational negligence to save the victim who was unable to know the number of days of treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Each traffic accident statement by the defendant and C;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, traffic accident occurrence report, and medical certificate;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (Consideration of fines: Consideration, such as the fact that comprehensive motor vehicle insurance is subscribed, that two million won is deposited, that two million won is deposited, and that is the first offender);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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