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(영문) 부산지방법원 2013.12.12 2013고정4818
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle with GTS125cc Emeralian.

On May 27, 2013, the Defendant driven the above vehicle at around 23:13, 2013. On the other hand, the Defendant directly promoted the top of the crosswalk in front of the community credit cooperatives located in the Pyeong-dong, Busan, with the speed from the surface of the Hepung-dong, to the surface of the Hepung-dong.

At this point, the driver of any motor vehicle has a duty of care to safely drive the motor vehicle according to the signals displayed by the signal apparatus.

Nevertheless, the Defendant neglected this and proceeded as it was due to negligence, disregarding that the vehicle progress signal is changed to a stop signal, and the Defendant met C, a pedestrian victim who gets dried by using a crosswalk with the right side in accordance with normal signal, from the left side of the Ortoba, driven by the Defendant, to the front wheels of the Ortoba.

Ultimately, the Defendant suffered injury that requires approximately seven weeks of medical treatment, such as the frame and closure of the check frame, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report (1) (1)

1. A medical certificate (C);

1. Application of the Acts and subordinate statutes to photographs (fields and Me1 vehicles);

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

1. Articles 70 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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