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(영문) 부산지방법원 2018.05.09 2018고단807
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by a fine of two million won;

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

Reasons

Punishment of the crime

On February 2, 2018, the Defendant driving a B car free on or around 18:36, and driving along along one lane near the B car crossing in Busan Metropolitan City, Seosan-dong (excluding a side lane). According to Article 2 subparag. 5 of the Central Road Traffic Act, the Central line means the line indicated with a safety sign, such as yellow solid lines or yellow domin lines, on a road, in order to clearly distinguish the direction of motor vehicle traffic. If a side lane is installed, the Defendant means a yellow domin line on the far left side of the direction of the traffic controlled by signal apparatus. The Defendant marked a yellow domin line on the left side of the one-lane road operated by the Defendant, and there are vehicles using the side traffic signals, and thus the Defendant used the yellow line, and thus, the Defendant is reasonable to see that the median line has invaded the median line.

The part of the forward crime of the victim C(SM5) driving DST(SM(SM5) driven by the victim C(36 years old) driving in line with the normally changing lane according to the Gaside line signals was faced with the front crime part of the Defendant’s car, and due to the shock, the victim E (W), who was involved in the accident, suffered from the injury such as a tent, sculp, and tension that requires approximately two weeks of treatment by C, and suffered from the injury of the victim E (W, 35 years old, and C) in need of treatment for about six weeks of the Ga line.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against C;

3. A traffic accident report (the actual survey report);

4. Each photograph;

5. Application of Acts and subordinate statutes to a police investigation report (Submission of a medical certificate and written estimate).

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime against victim E with heavier punishment).

3. Selection of an alternative fine;

4. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Legal provisions;

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