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(영문) 창원지방법원 마산지원 2014.05.20 2014고단74
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

The defendant is a person who is engaged in the operation of the city bus B.

On December 12, 2013, at around 05:50, the Defendant was driving the above urban bus and turned to the left at the side of the vice-forest market while driving from 3.15 to 3.15 square meters in Changwon-si, Changwon-si to the fishing market.

Since there is an intersection with a signal signal, there was a duty of care to safely drive a person engaged in driving service in accordance with the new code.

Nevertheless, the Defendant got the front part of the victim C(61 years of age) drive Dpoter II, which was driven by the victim C(61 years of age) with the 3.15 tower on the right-hand turn at the right-hand turn in contravention of the signal, as the front part of the bus.

As a result, the Defendant suffered injury, such as a felg on the left-hand side in need of approximately 13 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, and diagnostic certificates;

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

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

1. The crime of this case, where the defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, was fluored by shocking the victim's vehicle in response to the new subparagraph while making a left turn in violation of the signal, causing the victim serious injury

However, the fact that the defendant has divided his mistake and failed to correct the same mistake, that the victim has not been punished against the defendant, that the defendant's income seems to support the wife and the aged, and that the defendant's age, character and behavior, environment, and motive and circumstance of the crime of this case.

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