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(영문) 서울동부지방법원 2013.10.28 2013고단2391
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D Airport bus belonging to C.

On July 24, 2013, the Defendant driven the above bus around 19:15 on July 24, 2013, and driven the road of 6 lanes in front of the shooting distance of the Gangseo-gu Seoul Metropolitan Government 445-1 Kangdong-dong, Gangdong-gu, Seoul, along the exclusive bus lanes in one lane from the long-distance bank to the tent-distance bank.

Since there is a cross-section where signal lights are installed in the front bank, there was a duty of care for the person engaged in driving service to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and did not stop even though the signal apparatus was redly signaled, and did not proceed as it is, the Defendant received the FCA110 motorcycle driving by the victim E (the age of 17) who used to turn to the left at the same two-lane, which is the exclusive left-hand left-hand turn, in violation of the signal, from the front part of the right-hand part of the bus.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the influence and the influence of the 8 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on traffic accidents and a report on actual condition;

1. A report on internal investigation (data recording a black box), on-site photographs;

1. Investigative report (whether signal has been violated), and signal control database;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act /

1. The instant accident with the reason for sentencing under Articles 70 and 69(2) of the Criminal Act is difficult to view that the Defendant’s negligence on the part of the Defendant on the occurrence of the accident itself, which caused the occurrence of the said airport bus by violating the traffic signal, is less severe. The fact that the degree of injury the victim suffered by the instant accident is relatively heavy is that the Defendant is disadvantageous to the Defendant.

On the other hand, the victim is also an accident.

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