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(영문) 대전지방법원 서산지원 2020.01.28 2019고정280
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 who is engaged in driving a C Company bus.

On August 21, 2019, the Defendant driven the above bus at the front intersection of the E, located in Western City D on August 21, 2019, and proceeded at a speed of 40km per hour from the side of the Sea-si in the Simsan.

In this case, the driver has a duty of care to temporarily stop the vehicle immediately before the stop line or the crosswalk or immediately before the intersection and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and entered the intersection without temporarily suspending red on-and-off signals. At that time, the Defendant received the front side part of the Victim F(27 years old) driving from the left-hand side of the moving direction to the right-hand side of the bus driving by the front-hand part of the bus driving.

After all, the Defendant suffered from the above occupational negligence, the victim F, the victim H(25) and the victim I(23 years old), each of the following injuries, such as salt ties and tensions, which require treatment for about two weeks, and the victim J(24 years old), each of them suffered from the injury of the closed pel of the unknown pelle that requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. Each written diagnosis;

1. A report on investigation (verification of the contents of black stay images);

1. Blucking images;

1. Application of Acts and subordinate statutes on accident site photographs;

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 an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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