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(영문) 부산지방법원 서부지원 2019.05.17 2018고단2268
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a rash vehicle B.

On May 13, 2018, the driver driving the above vehicle at around 06:05, and driving the D in front of the Gu of Busan, Busan, into the multi-sea of the multi-sea bathing beach.

At that time, the day was down and the night was not good, and the surface was slick, so the driver of the vehicle has to drive the vehicle in compliance with the regulatory speed of the road.

The speed of the place of accident is 70 kilometers a hour, but the surface was milched on that day, so the driver of the vehicle has to proceed not more than 56 kilometers a speed of 20% a speed of restriction.

Nevertheless, the Defendant proceeded at a speed of 110.8 kilometers a speed exceeding 56 kilometers a speed of 54.8 kilometers a speed of 54.8 kilometers a speed of 110.8 kilometers a speed of fn.e., the victim E (Nam, 26 years old) who had been in the signal atmosphere, and concealed the back part of the vehicle volume of E, while the vehicle of E is pushed off in the future, and led to the back-up part of the HM5 vehicle volume of G (Nam, 58 years old) driving.

In the end, the Defendant, by negligence in the course of performing his duties, suffered approximately 32 weeks of the bones, etc. of the bones, which requires approximately 32 weeks of treatment, from approximately 2 weeks of treatment to E, and from approximately 7 days of treatment to G.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident reports, statements on the occurrence of each traffic accident, and restricted speed by road;

1. Requests for appraisal;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on site image after the accident scene;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against I who is the largest victim)

1. Selection of an alternative fine for punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of a workhouse are as follows: (a) the Defendant did not get off from the workplace and did not secure the view due to piracy.

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