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(영문) 창원지방법원 2016.12.16 2016고단3172

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a C bus.

Around 13:00 on August 20, 2016, the Defendant driven a bus and proceeded ahead of the road D at the window of Changwon-si with approximately 20km in speed from the opposite hot spring to the paddy-si market.

Since a crosswalk is installed on the front side, in such a case, a person engaged in driving service has a duty of care to reduce the speed of the road, and if there is a pedestrian traveling along the crosswalk, the person engaged in driving service has to temporarily stop his/her vehicle, and have the pedestrian passed or yield his/her course, and even if there is a duty of care to proceed, the defendant, when he/she has been negligent in neglecting the front-way, found the victim F (15 years old) who crosss the steering crosswalk to the port from the right side of the bus running due to the negligence of the front-way driver, and followed the victim by the front-way part of the bus.

Ultimately, the Defendant suffered injury, such as duplicating cages, including two cupages, which require approximately six weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on the occurrence of a traffic accident, a report on the actual condition survey, an accident site, and photographic images of black stay images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Selection of an alternative fine (i.e., confession and reflectness; circumstances leading to accidents; sources of punishment; subscription to bus mutual aid associations; occupation, etc. of defendants);

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