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(영문) 서울중앙지방법원 2018.01.18 2017고단7845
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On September 28, 2017, at around 08:33, the Defendant, who is engaged in driving of B-area buses owned by advanced passengers, proceeded with a bus-only lane from the intersection of the education development institute to the forest path of the two citizens at a speed not to be known from the center of the two crossings, as Seoul Seocho-gu, Gangnam-gu, Seoul.

Since the intersection is where signal apparatus is installed, there was a duty of care for a person engaged in driving a motor vehicle to drive the motor vehicle safely in accordance with the new code.

Nevertheless, the defendant neglected this and caused the damage to the right side of the bus driving of the victim C(22 ) which was left to the erode from the erode on the erode side by negligence in violation of the signal, and caused the damage to the road by taking the full left side of the erode driving of the victim C(22 ).

Ultimately, the Defendant suffered from the injury of the victim, such as dynasium, closure, etc. that invaded four or more cages that require approximately 10 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of traffic accidents of E;

1. Application of Acts and subordinate statutes to traffic accident reports, traffic accident photographs, diagnostic documents, investigation reports (verification of black images);

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 provides that the occurrence of serious injury to the victim for the reason of sentencing is disadvantageous. However, considering the fact that the defendant seriously reflects the defendant, that the injured person does not want the punishment of the defendant by agreement with the victim, that there is no significant penalty history exceeding the fine once, and other circumstances after the defendant's age, sex, occupation, family relationship, etc., are considered.

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