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(영문) 의정부지방법원 2015.11.20 2015고단2646
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of D buses.

On April 21, 2015, the Defendant driven the above bus around 09:50 and proceeded along the five-lane of the 359 Guri-ro Gari-ro 359 Guri-si in the direction of the river basin along the four-lane of the intersection distance from the direction of the river basin.

Since the signal lights are installed at the front of the time, it was confirmed whether a person engaged in driving duty is a vehicle under way by reducing speed and by checking well the right and the right and the right of the vehicle, and there was a duty of care to safely drive the vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded as it is without disregarding the change of vehicle driving signals to a stop signal. However, the Defendant found the F taxi of the victim E (the age of 49) who was left left at the three-lanes in the direction of the river basin in the direction of the river direction late, and did not avoid it, and did not keep the victim E (the age of 49) at the right edge of the bus of the Defendant and pushed the victim into the direction of the sidewalk.

Ultimately, the Defendant caused the injury to the above victim E in the course of the 7-day off frame of the treatment days to the above victim E by occupational negligence, the injury to the victim G (the 70-year-old passenger) who was the above taxi driver at the above taxi to the 6-year-old wale of the treatment days, and the injury to the victim H(the 30-year-old passenger) who was the above bus passenger at the 2-day wale of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and H;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a investigative report (CCTV incident image analysis);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for selective punishment (the fact that the person's negligence is recognized and reflected, and the fact that an agreement is reached with the victims who suffered a relatively serious injury, etc.);

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

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