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(영문) 부산지방법원 2020.02.20 2020고정29
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 a B B B B B B B B B car.

On September 3, 2019, the Defendant driven the above car on September 3, 2013:40, and continued the intersection of the blind distance in front of the D Bank in the Geum-gu, Busan to the speed of 50km a speed of 50km a speed from the side of the E market to the hot spring route.

At the time of night, the passage of the night and the front door is an intersection where signal lights are installed, so there was a duty of care to prevent accidents, such as thorough operation of the steering company, accurate operation of the steering and steering devices, compliance with signal, etc., by those engaged in driving business.

Nevertheless, the Defendant neglected to do so and neglected this, and neglected to go against the signal while driving the signal as it was, and neglected to proceed immediately, and caused the part of the victim F (the age 63) driving's Glearning car driving in accordance with the new code from the left side of the bend to the front part of the Defendant's driver's car.

Ultimately, the Defendant suffered injury to the victim, such as a chest frighting, which requires treatment for about five weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of occurrence of a traffic accident prepared by the F;

1. A medical certificate;

1. On-site photographs;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is that the defendant caused a traffic accident in violation of the signal, the degree of injury of the victim is not less than that of the victim, and it is disadvantageous to the defendant.

However, it is taken into account that the defendant is a first offender.

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