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(영문) 부산지방법원 서부지원 2018.11.14 2018고정642
교통사고처리특례법위반(치상)
Text

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

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 Poter Cargo Vehicles B.

On March 3, 2018, the Defendant driven the above vehicle around 13:30 minutes, and continued the two-lanes in front of the IC in the name seat of Gangseo-gu Busan Metropolitan City, from the new Eastern to the airportside in the direction of the airport.

It is an intersection where traffic is controlled by signal apparatus, so in such a case, there was a duty of care for a person engaged in driving a motor vehicle to drive the motor vehicle safely in accordance with signals.

Nevertheless, the Defendant neglected this and failed to go to turn to the left by the four-lanes of the 4-lanes of the victim C( South, 38 years old) driving at the right-hand turn from the surface of the Madle B, which was driven by the negligence in violation of the signal, even though the Defendant failed to stop red, the front part of the DA40 driver's vehicle was shocked by the Defendant's vehicle.

After all, the Defendant suffered from the injury of the victim E (V, 36 years old), the passenger of the victimized vehicle, and the victim F (V, 4 years old), respectively, by occupational negligence, around two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s traffic accident statement;

1. A traffic accident report or on-site photograph of an accident vehicle;

1. Application of Acts and subordinate statutes of each 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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