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(영문) 부산지방법원 2019.08.21 2019고정697
교통사고처리특례법위반(치상)등
Text

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

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a spectrum car.

On November 22, 2018, the Defendant driven the above car at around 18:40 on November 22, 2018, and changed the course to the two-lane from the 3-lane road in front of the D store located in Busan Jin-gu C, to the gate of the intersection.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making the traffic situation well, making the signal by hand, direction indicator or light.

Nevertheless, the Defendant neglected this and went through two-lanes of the Victim E (Seoul, 55) driving in the same direction as it was due to the negligence of changing the course as it was, but instead, received the part of the Fexton car in front of the right-hand part of the Defendant’s driving, following the left-hand part of the vehicle of the Defendant’s driving.

Ultimately, the Defendant, by negligence in the course of performing the above duties, suffered salt and tensions for the pertinent victim E in need of approximately two weeks of treatment, and at the same time damaged the victim’s property so that approximately KRW 1,569,150 of the said Fsch Rexton car can be repaired at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A written diagnosis and written estimate;

1. Accident vehicles, photographs, etc.;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic 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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