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(영문) 서울중앙지방법원 2015.03.18 2015고단401
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

피고인은 2014. 12. 1. 07:25경 B 340번 노선버스를 운전하여 서울 강남구 언주로 강남세브란스병원 사거리 편도 5차로 도로를 뱅뱅사거리 방면에서 한티역 방면으로 4차로를 따라 시속 약 60km로 진행하게 되었다.

In spite of the fact that there was a duty of care to drive the vehicle safely in accordance with the new subparagraph by reducing speed to the driver of the intersection where signal is installed, the defendant neglected it and neglected it, but due to negligence, when the driver changed the vehicle driving signal to the stop signal, the defendant entered the yellow signal to the left at the intersection of the stop tunnel and changed to the left turn signal, the part of the right side of the victim C(30 years old) driving, which started from the start to the left turn signal, was received as the front part of the bus bus of the defendant.

As a result, the Defendant suffered injury, such as a fluoral aggregate, which requires approximately eight weeks of medical treatment due to occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Video CDs;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the degree of injury suffered by a victim for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not minor, the punishment as ordered is determined in consideration of the following factors: there is no criminal record; the defendant has paid 10 million won to the victim as damages compensation; the vehicle driven by the defendant is insured by the mutual aid association; the vehicle driven by the defendant is insured; the defendant's age, character and conduct, environment, etc.; and other conditions of sentencing

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