(영문) 부산지방법원 2018.12.06 2018고정1658

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(영문) 부산지방법원 2018.12.06 2018고정1658

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives B 125cc Oba in the line of duty.

On June 30, 2018, the defendant, around 01:40 on June 30, 2018, came to turn to the left at a speed of about 30 km at the speed of about 4 km from the direction of the defendant's d convenience store in Busan Jin-gu C, Busan.

There is a three-distance intersection where no signal, etc. is installed.

In such cases, the driver of any motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and shall have the duty of care to prevent any traffic accident in advance.

Nevertheless, the Defendant neglected such duty of care and proceeded to the left-hand turn, and did not discover the Hatoba, which was driven by the victim G(21 tax) who was in the direction E from the 4th intersection of this Part, and did not find the Hatoba, which was driven by the victim G(21 tax) in the direction E, and shocked on the left-hand side by the front side

The above Defendant’s occupational negligence inflicted injury on the driver G of Orba on each part of the arms that require approximately three weeks of treatment on the part of the driver G, on the part of the passenger I, on the part of the passenger I not on the left-hand side of the heat hold requiring approximately six weeks of treatment, and on the part below the left-hand side requiring approximately two weeks of treatment on the part of the driver.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written diagnosis;

1. Written estimate;

1. The application of Acts and subordinate statutes to a traffic accident report (1), (2), and a statement concerning the occurrence of each traffic accident;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (opportune selection);

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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