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(영문) 전주지방법원 군산지원 2021.02.24 2020고단1980
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant was engaged in driving the C Company bus, and operated the above bus around November 26, 2020 on around 15:15, and led the C Company bus to turn off from the D church to E a speed of about 20 km from the direction of the D church to the speed of about 15 km.

Since a crosswalk is installed on the front side, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a pedestrian or not and safely by checking the front side and the left side of the motor vehicle.

Nevertheless, the defendant neglected this and failed to comply with the duty to protect pedestrians of the crosswalks, and by negligence bypassing the right side of the bus driving direction as it is, the defendant received the right side of the victim F (n, 61 years old) who crosses the crosswalks from the right side of the bus to the right side of the pedestrian signal, etc. in accordance with the pedestrian signals of the above bus driving direction.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as cutting down the body body body of the right flag, which requires approximately 14 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, an accident site photograph, a traffic accident report, a report on internal investigation into the victim, and a report on investigation into the victim;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, which ordinarily entails the risk of potential loss of human life due to a motor vehicle accident, has not been emphasized by any emphasis on the duty of care to observe the Road Traffic Act and to prevent accidents from occurring.

Furthermore, the defendant who is regularly driving as a bus driver is on the crosswalk.

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