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(영문) 서울동부지방법원 2014.04.10 2014고단31
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 19, 2013, the Defendant, who is engaged in C urban bus driving service, driven the above urban bus on or around 13:30 on December 19, 2013, and moved to a right-hand side of the road in front of the 184-ro, Gangdong-gu, Seoul, along with the right-hand side of the road from the 184-ro, Seocheon-gu, Seoul. In such a case, the Defendant had a duty of care to check whether there is a person driving the vehicle, who is engaged in driving the vehicle, and to safely drive the vehicle.

Nevertheless, if the Defendant neglected to do so and neglected it, he did not find out the victim D (51 years old) who walked along the crosswalk from the right side of the defendant's running direction to the left side, and did not find out the victim D (51 years old) who walked along the crosswalk as the back side of the city bus with the victim's left side.

After all, the Defendant suffered damage to the left-hand side lefrancs, which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents and medical certificates;

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. Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for attracting partners in a workhouse;

1. The scope of punishment by law: Fines not exceeding 20 million won;

2. Scope of recommendations according to the sentencing criteria: Imprisonment for not more than six months (traffic crime group, general traffic accident, Type I, and area of mitigation of traffic accidents);

3. The sentence of injury suffered by the victim, who had been placed on the crosswalk pursuant to the pedestrian new subparagraph, while driving a bus bypassing it, is not easy for the victim to suffer six weeks of injury because the defendant's decision on the sentence of sentence imposed imposed the traffic in excess of the signals of the victim who dried the crosswalk pursuant to the pedestrian new subparagraph.

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