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(영문) 수원지방법원 성남지원 2016.07.14 2016고정647
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in urban bus driving service B.

On February 28, 2016, the Defendant driven the above vehicle at around 16:51, and 326 U.S., S., S. P., P. P., one-lane between the two-lanes in front of the Han Bank and the two-lanes in front of the Han Bank.

In this case, a person engaged in driving service has a duty of care to safely proceed, such as driving on the right side of the center line.

Nevertheless, the Defendant neglected this and proceeded to the opposite lane to overtake a vehicle parked on the right side of the road due to the vehicle's string, and returned to the opposite lane beyond the median line, and the Defendant was driving in the same direction as the Defendant at the time when the vehicle was stopped in order to turn to the right side of the vehicle of the victim C(W, 35) who was standing in the same direction as the Defendant at the time when the vehicle was parked to turn to the right side.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury to the victim E (hereinafter “the victim”), such as “catum cats and tensions,” which requires three weeks’ medical treatment, and the victim E (hereinafter “V”), who was aboard the damaged vehicle, suffered from each injury, such as “the catum cats and tensions,” which require three weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each traffic accident report, each photograph, each medical certificate, and accident video;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of an alternative fine for punishment (to be reduced in consideration of the fact that all payments are made with comprehensive insurance, the fact that the injury appears to be minor, the first offender, etc.);

1. Articles 70 and 69(2)1.

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