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(영문) 부산지방법원 2020.06.18 2020고정529
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 taxi.

On November 10, 2019, the Defendant driven the above taxi at around 20:05, and led the front crosswalk C located in Busan Dong-gu, Busan to the right-hand left-hand turn from the direction of the building.

In such cases, when a person engaged in driving of a motor vehicle passes a crosswalk, he/she has a duty of care to prevent accidents in advance by safely driving the crosswalk, such as temporarily stopping in front of the crosswalk, so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the Defendant neglected this and got the victim F (F) and the victim G (V, 37 years old) who walked the crosswalk in accordance with the pedestrian signals on the right side of the right side of the invasion direction by negligence, while driving it, and received the victim G (V, 37 years old) as the front part of the said taxi.

As a result, the Defendant suffered injury to the said victim F, knee, knee, and other tensions and tensions that need to be treated for about two weeks by occupational negligence as above. At the same time, the Defendant suffered injury to said victim G, such as salt, tensions, etc. of other parts that require two weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Each traffic accident statement G and F;

1. Application of Acts and subordinate statutes to medical certificates (F), medical certificates (G);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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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