beta
(영문) 대전지방법원 2013.06.21 2013고정688

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 06:40 on January 29, 2013, the Defendant driven a transit bus via C, and proceeded at the speed of 4 lanes from the 3rd to 4rd to the 4rd from the 3rd to the 4rd from the 3rd to the 4rd from the 3rd to the 2nd east.

Since there is an intersection where signal lights are installed at the front of that place, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely according to the traffic signal.

Nevertheless, the Defendant neglected this and received the full front part of the E-car driven by the victim D (Nam, 40 years old) who is left left at the opposite side of the vehicle due to the negligence in violation of the vehicle stop signal, from the front part of the bus left by the Defendant, and suffered the injury to the victim D, including the light fat, etc. which requires two-day medical treatment, and the injury to the 13 persons including the F (F, 51 years old) on the bus operated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

1. Selection of an alternative fine for punishment;

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

1. It is recognized that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant, that the bus was a member of the bus mutual aid association, and that D, the counterpart driver, does not want the punishment of the defendant.

In addition, the defendant is under serious treatment as the defendant's expense even though he suffers from five abandoned children due to this accident, etc. <2> The defendant bears 8 million won of the repair cost of buses because he does not join the mutual aid association, and ③ the bus company H which is a bus company.