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(영문) 부산지방법원 2016.05.18 2015고단8813
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

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

On November 13, 2015, around 06:25, the Defendant driven the said car at the intersection in front of the Dongdaemun-dong church instead of the Seo-gu Busan, Seo-gu, Busan, and led it to the right bypassing from the old playground to the intersection at a speed of about 20 km in speed.

Since there is a crosswalk, a person engaged in driving service has a duty of care to check whether there is a person who well sees the speed and the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the Defendant neglected this and followed the victim C (the age of 51) crossing the crosswalk from the right side of the proceeding to the left side by the negligence, which led the victim to the front part of the said car, and suffered about 10 weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentence identical to the disposition shall be imposed in consideration of the circumstances, such as the absence of criminal records exceeding the fine for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the subscription to a comprehensive insurance, the agreement with the victim after the indictment, the recognition of the crime, and the depth of the mistake;

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