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(영문) 부산지방법원 2017.02.03 2016고정3063
교통사고처리특례법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who drives a set of car B.

On February 6, 2016, at around 23:45, the Defendant came to turn to the left in the direction of a retired playground from the direction of the medical center in Busan, depending on the two lanes of the intersection of the Dodong-dong-gu, Busan.

In this case, the driver of the motor vehicle has a duty of care to live well the right and the right of the front side in the case of the driver of the motor vehicle and to prevent the accident in advance by driving the motor vehicle safely according to the new code.

Nevertheless, even though the Defendant neglected such duty of care and went into the intersection, the Defendant, as it was due to the negligence of entering the intersection and going in the left-hand side of the proceeding direction by the victim C(53 ) who was directly driving on the left-hand side of the proceeding direction, was shocked by the top-hand part of the Dayun-si vehicle, which was driven by the victim C(53 ).

Defendant 2 suffered injury, such as salt, tension, etc., in need of two weeks of treatment respectively, from the same passenger E (25 years old) and F (25 years old) of the above LV due to the negligence in the above business.

Summary of Evidence

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. Each traffic accident report of E and F;

1. A traffic accident report;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to field photographs and diagnostic certificates;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

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