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(영문) 울산지방법원 2015.05.12 2014고정669
교통사고처리특례법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a driver belonging to the Ulsan-nam bus, who is engaged in the operation of 25 passengers bus No. C953. 25.

At around 13:15 on June 20, 2013, the Defendant operated the above vehicle via the bus stops in front of the Lyang Elementary School located in the Namyang-gu Seoul Metropolitan City in order to operate the said vehicle at the upstream-gun, Ulsan-gun, Ulsan-gun, the Defendant had a duty of care to prevent accidents by closely operating the brake and steering gear and operating the brakes accurately and safely, and starting from the examination site in order to ensure the operation of the above vehicle at the upstream-do, Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, the location of the vehicle via the bus stops in front of the school bus stops in the Namyang-gu, Seoyang-do.

Nevertheless, the victim D (n, 80 years of age) who was discharged from a bus due to negligence that started with the door immediately before the whole opening of the entrance is neglected, and the victim suffered injury, such as chests and cage cages, which require eight-day medical treatment, by taking the victim over the road.

Summary of Evidence

1. Protocol of the examination of witnesses D or E;

1. Some of the statements in the protocol of examination of witness concerning witness F;

1. The police statement concerning F;

1. A traffic accident occurrence report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident sites and vehicle photographs;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (1) and Article 3 (2) 10 of the Act on Special Cases concerning Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Selection

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

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the degree of injury suffered by the victim due to the instant accident, but the victim seems to have suffered more severe injury than ordinary cases due to the age of 80 years old, and the victim received the amount equivalent to the medical expenses from the Ulsan bus company to which the defendant belongs and actually reached an agreement.

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