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(영문) 인천지방법원 2016.10.26 2016고단3964
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 of C urban buses.

On March 13, 2016, the Defendant driven the above bus around 10:30 on March 13, 2016, and moved to the right bypass of about 30 km from the direction of Songdo 2 to the intersection of the Korea Coast Guard Headquarters, which is located in Yeonsu-gu Incheon Metropolitan City, in front of the Korea Coast Guard Headquarters.

On the other hand, there was a crosswalk where a pedestrian signal apparatus was installed, so there was a duty of care to safely drive the vehicle by checking the front door and the right and the right of the driver, checking the pedestrian signal, reducing the speed of the driver, and checking whether there was a person to walk the crosswalk.

Nevertheless, the Defendant neglected this and proceeded with the pedestrian signal installed on the crosswalk even though it was green, and caused the Defendant to suffer the injury of the victim D, who dried up the crosswalk (74 years old), by shocking the front part of the Defendant’s bus, resulting in the Defendant’s injury to the Defendant, such as an external booming flag, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reporting of a traffic accident, photographing, and taking images to take a course;

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

1. Relevant provisions of Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines (limited to the damage of a victim and the negligence of a defendant, but considering the initial crime, joining a mutual aid association, agreement with a victim, etc.);

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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