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(영문) 부산지방법원 2013.06.18 2013고정2222
교통사고처리특례법위반
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Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On January 8, 2013, the defendant driving the above taxi around 10:10, and driving the five-lane road in front of the Seo-gu Seo-gu Seo-gu, Seodong-gu, Busan along the direction of the virtue tunnel.

At this point, a person engaged in driving service has a duty of care to safely drive the road in accordance with its signals by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and went to the left from the old rode from the edge of the East Asia University Hospital due to the negligence of disregarding and proceeding with the signal, and received the part of the victim C(57 years old) driving from the old rode as part of the Defendant driving.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim C, such as salt, tensions, etc. in need of treatment for about three weeks, and the injury to the victim E (year 54) who was on the cab driving the victim C, including the left-hand side and the mouth flas, etc. in need of treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement A and E;

1. A traffic accident report (1) (2) and a traffic accident occurrence report;

1. Application of the Acts and subordinate statutes governing traffic accident photographs;

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

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 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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