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(영문) 서울동부지방법원 2014.11.20 2014고단2785
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 19, 2014, the Defendant, who is engaged in driving BS106 city buses, was driving the above city bus around 12:40 on July 19, 2014, and was driving on the seven-lanes of the 52-lanes adjacent to the intersection of the land in Songpa-gu Seoul, Songpa-gu, Seoul, with the speed of about 30km from the boundary of the sub-sections to the boundary of the area.

However, since there is a center line of yellow solid lines, in such a case, there was a duty of care to safely operate the car line and not to dump the center line to those engaged in driving service.

Nevertheless, the Defendant got out of the front part of the victim C(53 years old) driving, which was driven on the center line due to negligence, to overtake a car which was stopped on the front side, with the front part of the victim C(53 years old) driving.

Ultimately, the Defendant caused the victim to suffer an open room for the left-hand side in need of approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. The actual condition survey report;

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

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

1. Selection of an alternative fine for punishment;

1. The scope of recommendations according to the sentencing guidelines of Articles 70(1) and 69(2) of the Criminal Act on the grounds of sentencing under Article 70(1) and 69(2): The scope of recommendations according to the sentencing guidelines shall not exceed 20 million won: the imprisonment without prison labor for not more than six months (traffic crime group, general traffic accident, type 1 (accident of traffic accident), mitigation area (influence of punishment), and the degree of injury caused by the instant traffic accident; however, the victim who passed through the central lane of a bus which is prohibited from traffic by driving the Oba shall be deemed to be negligent in causing the instant traffic accident or expanding damage.

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