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(영문) 부산지방법원 서부지원 2018.11.27 2018고정811
교통사고처리특례법위반(치상)
Text

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 who is engaged in driving of “B”W passenger cars.

On May 1, 2018, the Defendant driven the said vehicle with a light duty of 08:15, and proceeded with the 1 roadway in front of the “Gucuk-gu Intersection” located in the 76-ro, Seo-gu, Busan, Seo-gu, Seo-gu, with the “Gucuk-gu Intersection.”

At this point, traffic signals are installed on the right side of the road, and the private-distance intersection where auxiliary signals are installed on the right side of the road.

In such a case, the driver of the vehicle has a duty of care to prevent traffic accidents on the part of the vehicle by safely driving the vehicle, such as taking the front side, the left, and the well-being of signal apparatus, etc.

Nevertheless, the Defendant neglected this and caused the victim C to turn to the left according to normal signals at the fourth-lane road of the 4-lane Do road where the right-hand turn was driven by the victim C, who neglected it, even though the signal such as the right-hand signal was the red light which is the vehicle stop, the rear side of the “D” or other taxi driven by the Defendant C, to the front part of the above vehicle of the Defendant.

As a result, the Defendant suffered from the victim’s negligence in the above business and caused approximately three weeks of “satise satons, tensions, and satise satis, etc.,” and suffered injury to the victim E, who was accompanied by the damaged vehicle, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident under C and E;

1. The actual investigation report on traffic accidents and each investigation report;

1. Application of Acts and subordinate statutes to an accident vehicle photograph, written estimate, and written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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