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(영문) 서울서부지방법원 2017.10.27 2017고정607

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

On September 13, 2016, the Defendant driven a bus C with a speed of about 30 km from the station to the from the active service of Asia, along with a two-lane (lane exclusive for buses) on September 13, 2016, as Mapo-gu Seoul Metropolitan Government Mapo-gu, 249.

There are eight-lane roads and three-distance crossings where signal lights are installed, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with its signals.

Nevertheless, the Defendant neglected to do so and got off the left part of the E-Engine bicycle driven by the victim D, driving by the victim D along five-lanes from the opposite direction due to the negligence of bypassing the right-hand line of the bus.

Ultimately, by driving a bus in violation of the signal, the Defendant suffered injury to the victim, such as salt, tension, etc. in the part of a plant that requires approximately two weeks medical treatment.

Summary of Evidence

1. Each legal statement of witness F and D;

1. Bus booms, CDs, and signal interlocks taken at the site;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a medical certificate);

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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