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(영문) 부산지방법원 동부지원 2015.05.11 2015고정75
교통사고처리특례법위반
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

On September 28, 2014, around 14:15, the Defendant driven a “B” 49c Adddle diaba, and proceeded in front of a D cafeteria located in Busan Southern-gu, from the white-gu c to the crosssection. At this point, the Defendant is a round-down 4 line where the yellow-ray central line is installed. In such a case, the Defendant had a duty of care to drive the driver without harming the central line.

Nevertheless, the Defendant got the victim E (18 years old) who was at the right side of the road without permission, from the right side of the road to the left side of the road, due to the negligence of the Defendant committed a collision with the median line in order to overtake the front vehicles parked due to the traffic congestion, and caused the victim to suffer the injury, such as acute climatic salt, which requires around three weeks of treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry into the statement of traffic accident occurrence situation prepared by E;

1. Statement of traffic accident report prepared by police;

1. Descriptions of a medical certificate of E prepared by a doctor F;

1. Application of each video statute to the scene of an accident and photographs of related vehicles (Evidence No. 19-25 pages of evidentiary records);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, 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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