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(영문) 서울서부지방법원 2019.09.10 2019고단1542

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CN bus vehicles owned by a stock company B.

At around 12:36 March 17, 2019, the Defendant driven the above vehicle at a speed not known depending on bus exclusive lanes among six-lanes (including bus exclusive lanes) in order to proceed with the distance of 94 Western-ro, Mapo-gu, Seoul, Yangyang-ro, 12:36, in the direction of the red transit area.

The driver of any motor vehicle in such cases as a road with a signal apparatus installed at that place shall live well in the front direction of the vehicle and drive the motor vehicle, and have the duty of care to safely drive the motor vehicle according to the signal or instruction displayed by the traffic safety facility.

Nevertheless, the Defendant violated the above duty of care and entered the intersection of the accident site beyond the central stop line, thereby passing through the intersection of the accident site beyond the stop line, and was driven by the victim E (E, South and 31 years old) who was driving in the direction of Dwelryry Hybid, the front part of the bus on the right side.

As a result, the Defendant suffered from the injury to the victim E by his occupational negligence, including the injury of saved salt, tensions, etc., which requires a stable price for about two weeks, and the Defendant suffered from the injury to each of eight victims as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Each statement of G, H, I, J, and K;

1. All of LA written statements related to traffic accidents;

1. A survey report on actual condition, a report on the occurrence of a traffic accident, a field map of a traffic accident, and an analysis of traffic accidents;

1. Each investigation report (final confirmation of personal damage, black images and cause of accident);

1. Each written diagnosis (E, H, G, L, I, J,K);

1. Application of Acts and subordinate statutes to photographs at the time of accident;

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. The Commercial Concurrent Crimes Act.