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(영문) 서울동부지방법원 2016.05.17 2016고정173
교통사고처리특례법위반
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

The Defendant is a person who is engaged in driving freight B.

On November 09, 2015, the Defendant driven the above vehicle at around 18:30 on November 18, 2015, driving the front road of Gangdong-gu Seoul Metropolitan Government along the two-lanes in the direction of the village high distance (including the central bus exclusive lanes) located on the surface of the road in the long distance. The Defendant was driving the front road of Gangdong-gu Seoul Metropolitan Government along the two-lanes in order to go beyond the opposite one.

At this point, there is a bus-only lane and a signboard prohibiting a U-turn, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to avoid breaking a bus-only lane or making a U-turn.

Nevertheless, the Defendant neglected this and proceeded along a bus-only lane on the left side of the same direction as the bus dedicated to a bus in order to go beyond the opposite lane; by negligence, the Defendant was driving along the bus-only lane on the left side of the same direction.

D With the front right corner of the E-city bus driving, the part following the left corner of the Defendant’s vehicle was collisioned.

As a result, the Defendant suffered from the injury of the victim F (V, 57 years old) and the victim G (V, 55 years old), each of whom requires a three-day medical treatment, such as salt, tension, etc., and the victim H (V, 51 years old) on the right hand hand, which requires a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in H, D, F, and G;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Photographs related to accidents;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;

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