logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.11.10 2016고단1798
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaged in C Bus driving service.

On February 27, 2016, the Defendant driven the above bus at around 16:40 on February 27, 2016, and moved one lane from the three-lanes in front of Seodaemun-gu Seoul, Seodaemun-gu, to the Youngcheon Market from the side of Seodaemun-gu, Seodaemun-gu, Seoul, along with the victim E(n, 46 years old) driving.

Since there is a center line of yellow-ray, in such cases, a person engaged in driving service has a duty of care to thoroughly operate the electric-line and to safely drive the motor vehicle in good faith.

Nevertheless, the Defendant neglected this and returned the center line to one-lane for overtaking the damaged vehicle, and caused the negligence of returning the damaged vehicle to one-lane, and received the part of the left-hand fenced part of the damaged vehicle to the right side of the bus of the Defendant.

In this regard, the Defendant inflicted an injury on the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Legal statement of witness E;

1. A traffic accident report;

1. Statement of the occurrence of E traffic accident;

1. Photographs and on-site photographs of the vehicle;

1. Medical certificate (the defendant and his defense counsel asserted that the central line was not invaded and even if the defendant did not have been invaded, it does not directly cause the accident of this case. However, according to the evidence duly adopted and examined by this court, the above argument is not accepted since the defendant invadeds the central line as stated in the above facts constituting the crime, and caused an accident, and thus the above argument is not accepted).

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and the selection of fines (including the minor degree of damage and the admission to the mutual aid association);

1. Article 70 (1) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow