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(영문) 수원지방법원 2019.01.22 2018고단6548
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is a driver of the city bus in the case of fishing between B and B.

On September 21, 2018, the Defendant driven the above bus on September 21, 2018, while driving it at the speed of 05:13, the intersection of the private distance C in front of the Osan City came to run at the speed of 4 lanes, one of four-lanes from the offside to the parallel.

Since there is a long distance intersection where signal lights are installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected to do so, and caused the left and left-hand turn to the left-hand turn from the opposite direction of the closed-down intersection to the left-hand turn at the front of the bus left-hand of the defendant's D(48 years old) driving of the victim D(48 years old) who applied the left-hand turn from the front side of the bus of the defendant, in accordance with the left-hand turn in the opposite direction of the closed-down intersection.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury to the victim D, such as dynasium, tensions, etc., and the injury to the victim F (F, South and 32 years old), who is the passenger of the above bus, for about two weeks of the complete fynasium requiring treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. The actual survey report and on-site photographs;

1. Suffs of witness vehicles and black boxes of vehicles and video CDs of vehicles;

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

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

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

1. Selection of an alternative fine for punishment;

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 for the order of provisional payment is committed by the defendant, who is an urban bus article, by negligence, who violated the signal at the intersection and passing the intersection in accordance with the signals.

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