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(영문) 부산지방법원 2017.02.24 2016고단7598
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a CA car.

On April 28, 2016, the Defendant driven the above car at around 05:20 on April 28, 2016, and, instead, driven the two-lane road in front of the D in Busan Seo-gu, Busan, along the one-lane from the intersection to the intersection.

At that time, it is a road with a speed of 60 km per hour, and at that time, the surface was milched. Therefore, the driver of the motor vehicle has a duty of care to drive the motor vehicle at a speed of 48 km or less per hour with a speed of 100 km or less per hour with a speed of 100 km or more, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and found the victim E (the age of 73) who was crossing the crosswalk installed on the front side of the Defendant at the speed of 73 km per hour at a speed exceeding the speed of 73 km per hour, from the right side of the red signal to the left side, and did not pl up the hand to the left side, but was the victim due to the front part of the said car.

Ultimately, the Defendant suffered serious injury, such as blood species, cerebral cerebralop, and indoor cerebral cerebralopty, from which the number of days of treatment cannot be known to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of inquiry;

1. A traffic accident report;

1. A daily forecast of the Korea Meteorological Administration;

1. Responses to the results of analysis of traffic accidents conducted by the Road Traffic Authority;

1. Application of the Act and subordinate statutes to the investigation report (No. 4 of the evidence list);

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

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

1. While having caused serious injury to a victim due to negligence not falling short of the Defendant’s reasons for sentencing Article 334(1) of the Criminal Procedure Act, the Defendant recognized the mistake and against it.

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