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(영문) 서울북부지방법원 2019.11.28 2019고단3863
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a village bus of the Seoul Special Metropolitan City Co., Ltd., and driving the above vehicle around 09:59 on July 17, 2019, while driving the vehicle at around 09:59 on the same day as Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 207-do 18-do 18-do, in the direction of green-

At the center of the road, the central line was invaded.

There is a duty of care to drive safely, such as moving along the center line of a yellow-ray, and the driver of any motor vehicle shall pass along the center (if the center line is installed, referring to the center line) of the road, and the driver of any motor vehicle has the duty of care to build the crosswalk for pedestrians.

Nevertheless, the defendant, by the negligence of breaking the central line with illegal internships, shocked the right shoulder of the victim D (n, 74 years old) to the front part of the driver's vehicle, and continued to be in excess of the passenger E (n, 47 years old) in the bus due to sudden negligence.

As a result, the Defendant suffered injury to the victim D, who is a pedestrian, for about 8 weeks of medical treatment, such as “brain sugar,” and the victim E, who is a passenger, for about 2 weeks of medical treatment, including “heat with no two heats”.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis;

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

1. Article 3 (1), the proviso to Article 3 (2) 2 and 6 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. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, commits a central line to snick the victim D who has dried the crosswalk due to the negligence of violating the duty to protect pedestrians in the crosswalks, and the process is conducted.

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