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(영문) 서울동부지방법원 2017.03.22 2016고단4531
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of bus vehicles C.

On November 5, 2016, the Defendant driven the above bus vehicle around 19:30 on November 5, 2016, and proceeded at the speed of 50km each hour from the sloping distance of Gangdong-gu Seoul Metropolitan Government to the upper e-mail from the sloping distance to the upper e-distance e-mail.

At the time, there is an intersection where signal, etc. is installed at night and at the front, so in such cases, the driver had a duty of care to reduce the speed to the person engaged in the driving duty and to prevent the accident by safely driving in accordance with the signals on the frontline.

Nevertheless, the Defendant neglected this and received the left-hand side of the E-Engine bicycle driven by the victim D (son, 22 years old) who was driving in three lanes of the same direction by negligence in violation of the signal on the front side, with the right-hand part of the bus.

As a result, the Defendant suffered injury to the victim due to such occupational negligence, which requires medical treatment for about three months.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

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

1. It is easy to think that the driver of public transportation, who should be the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, caused danger or harm to the safety of the general public by smelling an accident, may be able to take special preventive measures, as the degree of punishment for the report is high.

In this regard, there is a question.

Most of the public transportation drivers in the Republic of Korea shall be infinitely and infinitely in violation of the signal, and the answer is not easy.

If the same kind of benefit and welfare are guaranteed even when safety, time, and signal compliance driving, anyone is in breach of signal.

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