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(영문) 서울동부지방법원 2016.08.31 2016고단1873
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 8, 2016, the Defendant driven a B bus around 10:20 on June 10, 2016, and led to turn to the left at about 40 km each hour from the third side of the apartment distance of the Asian player village in Songpa-dong, Songpa-gu, Seoul to the left at about 40 km each hour according to one lane from the apartment distance of the Asian player village.

Since there is a place where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by driving safely in accordance with the traffic signals by reducing speed and keeping the front door well.

Nevertheless, the Defendant neglected this and got the victim into the ground by taking the bicycle front portion of the victim C(66 years) who gets a bicycle on the left side of the above bus and passed the front part of the front side of the front side of the above bus with the left side of the bus, even though the vehicle driving signal was yellow signal, and caused the victim to suffer approximately 8 weeks of mination of the upper part of the right-side surface which requires approximately 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement on the occurrence of each traffic accident;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. Although the defendant should have been driving a bus driver who is a public means of transportation, he should be criticized that he violated signal and has inflicted serious injury on the victim who gets a bicycle riding on the pedestrian signal, but has not been punished more severe than a fine, depth is divided, the injured person in agreement with the victim does not want the punishment of the defendant, the injured person also gets a bicycle riding along the crosswalk, and all kinds of sentencing conditions such as the age and occupation of the defendant;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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