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(영문) 서울북부지방법원 2013.05.06 2013고정1111
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaged in driving city buses B (C).

On February 20, 2013, the Defendant driven the above bus around 16:15, and proceeded at a speed of about 50 km from the Cheongyang-dong, Dongdaemun-gu, Seoul to a three-lane road of 602-5, Cheongsan-dong, Seoul, along the three-lane speed from the Cheongyang-ri Station.

Since there is an intersection where signal lights are installed at the front of that place, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by driving the motor vehicle along the traffic signal.

Nevertheless, the Defendant neglected this and neglected to change the signal to a stop signal, and due to the negligence of continuing to proceed at the same speed by violating the signal at the same speed, received the left-hand part of the front-hand side of the bus, which was not registered by the victim D (25 years old) who proceeded to the intersection by green signal from the right-hand side of the running direction of the Defendant, to the left-hand side of the bus.

Accordingly, the Defendant suffered injury to the victim, such as the left-hand alley, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of supplement of D;

1. A survey report and an investigation report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 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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