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(영문) 의정부지방법원 고양지원 2013.04.19 2013고단270
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving buses C.

On December 13, 2012, the Defendant operated the above bus on December 21:15, 2012, and made the left turn to the left at one way from the two-lanes to the lake from the White Village 2nd of the White Village 2nd of the White Village.

At the same time, there is a green and non-protective line sign at the front door, so in such cases, a person engaged in driving service has a duty of care to reduce the speed or temporarily stop the speed and to prevent the left-hand turn in advance by checking well the right and the left-hand turn.

Nevertheless, the defendant neglected to turn to the left as it is, due to the negligence of failing to do so, taken the left side of the victim D (the 62 years old), which was left side from the left side of the vehicle in the direction of the defendant's vehicle, with the front front wheels of the above bus driving by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as the skin and the loss of organization, without the left side in need of medical treatment for about 10 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The actual survey report and the occurrence of traffic accidents;

1. Investigation report (to hear victim's telephone statements);

1. Application of Acts and subordinate statutes to a medical certificate and an investigation report (additional medical certificate);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in Article 334(1) of the provisional payment order is that the defendant shocked a victim who had normally cross a crosswalk according to pedestrian signal and caused serious injury to the victim, but the nature of the crime is not less severe, but the defendant is divided by mistake, the fact that the defendant simply agreed with the victim, the first offender, and other reasons.

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