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(영문) 창원지방법원 마산지원 2019.09.06 2019고단505
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On March 26, 2019, at around 16:35, the Defendant, who is engaged in driving of B New Zealand charter bus, moved the roads in front of D agencies located in C in Changwon-si, Changwon-si, Changwon-si, to the bed by turning the roads to the bed by the bed from the bed of the bed and downs of the Cambro station.

Since there are pedestrian signal lights installed, there was a duty of care to prevent accidents in advance, such as checking whether a person engaged in driving a motor vehicle is a pedestrian or not.

Nevertheless, the defendant neglected to do so and neglected it, and caused the victim E (n, 67 years old) who has dried the crosswalk from the right side of the defendant's running direction to the left side of the road, to go beyond the floor by shocking the victim E (n, 67 years old), and continued to go against both sides of the victim's bridge with the above bus.

Ultimately, the Defendant suffered injury to the victim through occupational negligence as seen above, such as the open frame of the light frame (all parts) accompanied by a non-alleys that require approximately 20 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. On-site photographs of a traffic accident and caps of an accident image;

1. The actual condition survey report;

1. Report on internal investigation (the first telephone communications by a reporter);

1. Medical certificates and requests for cooperation in investigation (whether serious injury is involved);

1. Application of Acts and subordinate statutes to each investigation report (for a victim's status, hearing statements from the victim);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal

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

1. The instant accident for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order occurred in the crosswalk, and the victim at the time was a building of the crosswalk according to the pedestrian signals, it is difficult to view that the Defendant’s negligence is the same as the Defendant’s assertion.

(b).

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