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(영문) 서울서부지방법원 2013.10.01 2013고단985
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 bus C.

On December 3, 2012, the Defendant driven the above bus around 17:45, the Defendant driven the two-lane of Yongsan-gu Seoul Metropolitan Government Nowon-ro 2, the two-lane of the two-lane of the Yongsan-gu, Yongsan-gu, Seoul, driving at a speed that is impossible to identify the rear of the vehicle ahead of it in the same direction from the intersection of the Yongsan-gu market to the intersection of the original two-lane of the two-lane.

In such a case, the driver of a motor vehicle has a duty of care to temporarily stop in front of the crosswalk so that the driver of the motor vehicle can avoid collision with the motor vehicle running ahead of it, and if the motor vehicle traveling along the crosswalk, the driver of the motor vehicle has a duty of care to prevent the accident in advance by securing the necessary distance to avoid collision with the motor vehicle traveling ahead of it.

Nevertheless, the Defendant neglected this and found it late to stop the Estynael of the D Driving, which is proceeding as it is, while driving the D Driving, but the distance is too difficult, and the Defendant did not avoid it. As the part of the bus fronter operated by the Defendant, he concealed the part of the above taxi back part of the bus driven by the Defendant, and led the victim F (55 years old) to cut down the front crosswalk from the right side to the left side.

Ultimately, the Defendant suffered injury to the victim, such as “aggravating pelvis,” which requires approximately five weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement on the occurrence of each traffic accident;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of the medical certificate (F);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

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

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