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(영문) 서울북부지방법원 2018.06.14 2018고단983
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 who is engaged in driving route buses.

On January 17, 2018, at around 08:37, the Defendant proceeded at a speed of about 24 km from the long distance to the long distance of water, along the four-lanes from the long distance to the long distance of water.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a way to reduce the speed and to see well the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed as the stop signal, and failed to find out the victim E (the age 42) using the crosswalk to the left-hand side in accordance with the pedestrian signals due to the negligence of bypassing the road at the same speed, and made the victim go beyond the ground by taking the front side of the bus driving by the Defendant.

As a result, the Defendant suffered injury, such as a multi-cupage, including four or more cupages, which require approximately seven weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accidents;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant’s act of causing the instant accident in violation of the signal in the crosswalk where the safety of pedestrians should be absolutely protected is not good.

The degree of damage to the victim is not easy, and there is a considerable time for the accident.

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