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(영문) 서울서부지방법원 2021.02.18 2020노791
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. In the trial of the court below, the judgment of the court below as to the amendment of the indictment of this case, while maintaining the name of the crime and the applicable legal provisions as to the facts charged of this case, applied for the amendment of the indictment as stated below. Since this court permitted this and changed the subject of the judgment, the judgment of the court below can no longer be maintained.

The defendant is a person who is engaged in driving of B bus.

On November 19, 2019, the Defendant, around 22:00, driven the front road of Mapo-gu Seoul Metropolitan Government C in the direction of the dong intersection in the direction of the new village along the three-lane.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and neglected to change the vehicle driving signal to the stop signal, but neglected it and proceeded as it was by negligence, and led the victim D (the age of 16) crossing the crosswalk from the right side of the proceeding direction to the left side of the bus of the Defendant driving.

As a result, the Defendant caused the victim to suffer injury due to the above occupational negligence, such as an unexploited fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent pulc

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

【Grounds for new judgment】 The same as the facts charged as the changed facts constituting the crime

Summary of Evidence

1. The defendant's oral statement at court;

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