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(영문) 수원지방법원성남지원 2020.09.10 2020고단1576
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in bus driving service B.

On April 29, 2020, the Defendant moved to the right of way at a speed of six-lanes in front of the distance of the gold station located in the gold farm located in the Geum-gu Seoul Metropolitan City, Sung-nam-si, Geumnam-si, in a manner that is impossible to know by six-lanes from the original station.

Since there is a crosswalk in which a signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a person who gets involved in driving service by reducing speed and by properly examining the right and the right and the right of the road, and to safely drive the road in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and went beyond the ground by shocking the part of the victim C (the 77 years of age) who cross the crosswalk from the right side to the left side in accordance with the pedestrian signal due to the negligence of proceeding.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment due to occupational negligence as above, from the fluoral flasium, the Defendant suffered from the fluoral flasium.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident statement, a report on actual investigation, a report on investigation, and a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the Defendant, who violated the duty of care to drive safely according to the new subparagraph, inflicted an injury on the victim who was crossing the crossing route according to the new subparagraph, and caused approximately 12 weeks of treatment.

In light of the unfavorable circumstances that the degree of injury is not light, the defendant shows an attitude against the defendant, and the background and contents of the accident in this case, the speed of the vehicle, the shock level, and so on, the degree of the defendant's negligence is important.

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