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(영문) 부산지방법원 2020.06.12 2020고정583
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person driving BM3 motor vehicles as his duties.

On January 30, 2020, the Defendant driven the above vehicle on January 10, 2020, and led the front road of the Geum-gu Busan to the Sposi-si from the New Bridge to the Sposi-gu.

In such cases, as the defendant engaged in driving of a motor vehicle has a center line of yellow solid lines, there was a duty of care to avoid driving a motor vehicle by breaking the center line.

Nevertheless, the Defendant neglected this and got the front part of the victim D (Nam, 39 years old) driving, which was located in the opposite opposite lane to the direction of the running of the Defendant-in-way vehicle due to the negligence of the Defendant who was living in the center line, was in front of the Defendant’s vehicle.

The Defendant suffered, by negligence in the course of performing the above duties, the injury to the victim D, such as salt, tensions, etc. of the climatic tension for about three weeks, and the injury to the victim F (ma, 67 years of age) who is the victim’s passenger aboard the vehicle, such as climatic salt, tension, etc. for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (limited to attaching screen images of an accident scene);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 269 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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