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(영문) 대전지방법원 2016.12.23 2016고정1297

교통사고처리특례법위반(치상)

Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a bus BFX116.

On June 20, 2016, the Defendant driven the above vehicle on June 11, 201:05, and led to the intersection of the distance from the front of the C at Sejong to the sway.

Since there is an intersection in the front and the overtaking prohibition area, there was a duty of care to refrain from overtaking to a person engaged in driving service.

Nevertheless, in order to turn to the right at the intersection by neglecting this, the overtaking is going to proceed by the negligence of overtaking on the left as it is, and is going to the left.

The back part of the left-hand turn and the front part of the left-hand side of the victim D(50 years of age)'s D(50) and C', and the front side of the above bus, were received as the front side of the bus.

After all, the Defendant suffered injury to the victim D, who is a driver of the victimized vehicle, such as brain satis, without an open head in need of treatment for about two weeks due to the above occupational negligence, and injury to the victim F (51) who was aboard the victimized vehicle, such as datum satis, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents, photographs related to cases, and reports on the occurrence of traffic accidents;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and the Selection of Punishment, Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant tried to overtake and turn to the left immediately after the center line is invaded, and the traffic accident in this case occurred at the intersection, and the degree of violation of the duty of care of the defendant is grave, and the vehicle of the defendant was transferred to another place, etc. are disadvantageous to the defendant.