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(영문) 광주지방법원 2015.05.19 2015고정327
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Crand buses.

On December 3, 2014, the Defendant driving the said vehicle at around 18:40 on December 3, 2014, and driving the said vehicle, and led the front road of the Gluri Gwangju Factory located at the lowerwest of Gwangju North-gu, Gwangju to make a right bypass at an aesthetic speed, depending on the three-lane distance from the crocca, to the west-dong.

Since a crosswalk is installed on the front side, there is a duty of care to prevent accidents in advance by checking whether a person engaged in driving a motor vehicle has a road to reduce speed and to see the front side well, and driving the motor vehicle safely.

Nevertheless, the defendant neglected this and found the victim D (the age of 26) who cross the above crosswalk from the right side of the crosswalk to the left side due to the negligence of bypassing it as it is, and the part of the victim's body was shocked in front of the bus right side of the defendant.

Ultimately, the Defendant suffered from the victim’s negligence in the course of performing the above duties that caused damage to the satisfy nature of the audience play, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A criminal investigation report (attached documents, such as a medical certificate);

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

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