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(영문) 서울북부지방법원 2014.11.14 2014고정1993
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obaba in B.

On February 11, 2014, at around 19:26, the Defendant moved the bus to one lane for overtaking the bus at a speed of about 30 km after changing the bus from one lane to another for overtaking the bus, while the bus No. 273, which was driven at the above Otobba, was stopped in the bus stops in a two-lane from the bus stops in the middle of the mountain zone.

Where a bus stops at a bus stop, a person engaged in driving of a motor vehicle shall pay due attention to the traffic in the opposite direction and the traffic in front of the motor vehicle traveling ahead, and shall overtake the bus at a safe speed and in a safe manner, such as using the direction indicator, light or horn, depending on the speed, course and road conditions of the motor vehicle traveling ahead, and there was a duty of care to prevent accidents by driving the bus thoroughly and accurately in compliance with the lane.

Nevertheless, when the defendant neglected this and operated a bus in a unreasonable manner, the defendant got off the bus with the victim D, who opened the way to a place other than the crosswalk, due to the negligence of driving the bus, and received the victim D, who was on the way to a place other than the crosswalk.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting the right-hand side of the lower-hand side and the lower-hand side of the lower-hand side in need of treatment.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Four copies of a medical certificate;

1. Investigation report (report on hearing statements C), investigation report (report on hearing statements of witnesses E);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

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