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(영문) 수원지방법원 2019.06.20 2018고단7622

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 14:30 of 2018, the Defendant, who is engaged in the business of driving B buses, driven the above vehicle on Samsung 1-ro 160-lane 160-lane 4-lane 160, and driven the bus lane at an rapid speed from the direction of half-month to C in accordance with the bus exclusive lanes in the direction of half-month.

Since there is a place where traffic control is performed in the front bank, a person engaged in driving service has a duty of care to proceed in accordance with the good faith in such case.

Nevertheless, due to the negligence of neglecting this, the part on the left side of the E-wheeled Vehicle operated by the victim D (the age of 47) who violated the right-hand turn while stopping in excess of the temporary stop line on the right-hand side of the bus prior to the right-hand side of the bus operated by the defendant was shocked by the front-hand part of the bus operated by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as snow ties on the left-hand side, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report (1), (2);

1. Sending a comprehensive traffic accident analysis report;

1. An accident site photograph;

1. Each written diagnosis (the defendant and his defense counsel asserted that the defendant did not violate the signal at the time of the occurrence of the accident in this case. However, according to the evidence duly adopted and examined by this court, the fact of the defendant's violation of the signal can be sufficiently recognized, and the above argument is not accepted).

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order is that the defendant caused a traffic accident by negligence in violation of the signal and thereby the defendant suffers an injury to the victim, and the defendant's negligence is not minor, but the victim