(영문) 서울동부지방법원 2019.08.21 2019고단1893

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(영문) 서울동부지방법원 2019.08.21 2019고단1893

교통사고처리특례법위반(치상)

Text

A defendant shall be punished by a fine of two million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duty of Oralba.

On May 13:35, 2019, the Defendant driven the above Oralba, driving the front road of Gangdong-gu Seoul Metropolitan Government along the two-lanes from the surface of the street road to the surface of the river-dong hospital distance. The Defendant changed the two-lanes from the bus-only one lane to the bus-only one-lanes.

Since the exclusive bus lanes are installed, a person engaged in driving service has the duty of care to safely drive the bus exclusive bus lanes along the bus line so that the person engaged in driving service is not affected by the bus exclusive bus lanes.

Nevertheless, the defendant neglected this and found the D Driving E bus running along the bus exclusive lane due to the negligence of breaking the bus exclusive lanes at the latest, and did not stop, but received the front portion of the bus's right side in front of the left side.

Ultimately, the Defendant suffered injury to the victim F (the age of 63) who was on board a bus due to the foregoing occupational negligence, such as cutting the pellet of a non-fel, etc., which requires approximately 12 weeks of treatment for the victim G (the age of 43) and pressure pressure to the victim H (the age of 54) in need of approximately 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Commercial concurrence: Article 40 or 50 of the Criminal Act;

1. Selection of punishment: Fines;

1. Detention in Labor House: Separate from liability insurance for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the following factors are taken into account: (a) the victims have agreed with each other after the prosecution; (b) the victims have no same record; and (c) the spirit and diagnosis of the “defensive coercion” to provide delivery services for a long time; and (d) the occurrence of an accident

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