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(영문) 의정부지방법원 2018.04.17 2017고단5880
교통사고처리특례법위반(치상)
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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

The defendant is a person who is engaged in a global 900 city bus driving service.

On September 22, 2017, the Defendant driven the above vehicle around 16:20 on September 22, 2017, and led to a bus-only lane in the direction of Seoul in the south of the distance of the 132-ro Yol-ro 132.

Since the location is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals, such as a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded as it is while disregarding the change of vehicle driving signals to a stop signal, and received the left part of the FObbon of the victim E (32 ) driving on the two-lane left at the right side of the bus by the Defendant.

As a result, the Defendant suffered from the above victim’s injury, such as the left-hand hand, water part, elbow joints, and blue blusium of the right-hand part, which requires approximately seven weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual condition survey report, on-site photographs, and the mark on the household head of traffic system;

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, Article 268 of the Criminal Act, and the selection of fines concerning criminal facts;

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 does not relax the degree of injury to the victim on the grounds of sentencing of the order for provisional payment, taking into account the following factors: (a) negligence on the violation of signal even to the victim; (b) agreement with the victim; (c) subscription to a comprehensive insurance; and (d) reflection

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