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(영문) 부산지방법원 서부지원 2019.09.24 2019고정130
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing taxi vehicle.

On August 26, 2018, the Defendant driven the above vehicle at a speed of 20 kilometers a speed of 20 kilometers a speed from the intersection to the intersection of the front of the Busan Northern-gu, Busan, along with two-lanes a speed of 20 kilometers a speed of 3-lane a road in front of the Busan Northern-gu C building.

At the time, the front door door of the road was passed at night, and there was a crosswalk where a signal, etc. is installed. In such a case, a person engaged in driving service has a duty of care to check whether there is a person who gets on the crosswalk by reducing the speed and by properly examining the front door and the left door, and to check whether there is a person who gets on the crosswalk.

Nevertheless, the Defendant neglected this and proceeded by neglecting that the ongoing signal was changed to the stop signal, and caused the victim D (Nam, 29 years old), who cross the crosswalk from the right side to the left side, to the front part of the steering signal.

Ultimately, the Defendant suffered approximately two weeks of medical treatment due to the above occupational negligence from the victim’s right hand hand, which requires medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to a traffic accident report, diagnostic certificate, detailed statement of processing the 112 reported case, and investigation report (Attachment to CCTV images for crime prevention);

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

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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