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(영문) 부산지방법원 2015.09.23 2015고단4226
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of five million won.

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 of B Daco truck.

At around 18:00 on June 7, 2015, the Defendant driven the above cargo vehicle along the three-lane road near the Do 3-lane road located in Busan East-gu, Busan, along the three-lane road, and continued to move along the same intersection.

Since there is an intersection where signal lights are installed, a person engaged in driving duty has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and went beyond the road floor by failing to avoid the malfunction of the victim E (the age of 65) who was left to the left due to the malfunction of the eth (the age of 65) under the new eth (the age of 5) by the negligence of entering and leaving the intersection, even though the ethical signal was the stop signal, and neglecting this, the Defendant turned the victim over the road floor.

The Defendant, by such occupational negligence, caused the victim to suffer injury, such as KRW 1/3 of the 12-day left-hand staff members in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each traffic accident report prepared by the defendant and E;

1. A traffic accident report (1), a traffic accident report, an accident site photograph, and a medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (hereinafter referred to as "fine"): Taking relief measures against a victim, such as making a direct report to 112 and 119, following the accident; the victim does not want punishment against the defendant; the victim is covered by a comprehensive insurance; the victim is covered by a comprehensive insurance; and there is no record of the same crime)

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

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

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