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(영문) 광주지방법원 2017.09.07 2017고정1001
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in urban bus driving service.

On May 15, 2017, the Defendant driven the upper vehicle around 19:00, and moved the front road of Gwangju Northern-gu D from the side of the stadium without standing, to the Western University.

There is a duty of care to prevent accidents in advance by safelypassing pedestrians according to the signals and instructions indicated by traffic safety facilities, who are engaged in driving service as a long-distance intersection where signal lights are installed.

Nevertheless, the defendant neglected this and caused the victim E (the remaining and the age of 30) crossing the road by receiving pedestrian signals from the front right side of the vehicle driven by the defendant due to the occupational negligence by neglecting it.

As a result, the Defendant suffered approximately eight weeks of medical treatment from the victim due to the above occupational negligence, such as a flusium flusing the left-hand side.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant and his/her defense counsel, and the defendant and his/her defense counsel have already entered the crosswalk and are proceeding on the crosswalk, taking into consideration the sentencing that the pedestrian signal has already been changed to green. However, according to the evidence, since the fact that the traffic signal, etc. of the defendant has already been entered the crosswalk before his/her bus enters the crosswalk, it is recognized that the traffic signal, etc., contains a green, etc. which is a pedestrian signal,

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