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(영문) 부산지방법원 동부지원 2014.06.12 2014고정622
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cruise car.

On January 6, 2014, the Defendant driven the above vehicle at around 09:05, and made a left-hand turn at an irregular speed from the entrance of the transportation middle school at the entrance of the transportation middle school which is located in the Busan Metropolitan City return 2-dong on the side of the traffic middle school, and the place is an intersection where signal lights are installed. In such a case, the Defendant had a duty of care to safely drive the vehicle as well as to prevent the accident by safely driving the vehicle in accordance with the signal.

Nevertheless, the Defendant neglected this and violated the progress signals by negligence in violation of the signal, thereby getting the victim C (18 years of age) and the victim D (17 years of age) who was getting a bicycle on the front side of the left side of the car driving of the Defendant, respectively.

The Defendant, by these occupational negligence, suffered from the victim C with multiple scopic scoptypiles, etc. which require approximately three weeks of treatment, and the victim D with approximately one day of treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. A traffic accident report (1) (2);

1. A medical certificate;

1. Certificates of medical treatment;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Concurrent punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against Heavy C);

1. Selection of an alternative fine for punishment;

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

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

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