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(영문) 의정부지방법원 고양지원 2014.05.22 2014고단9
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

The defendant is a person who has driven a D bus belonging to a new transport company.

On September 19, 2013, the Defendant driven the above bus on September 22 and 34, 2013, and led to the intersection of the distance in front of the 11-lane of the Solar Village 11 complex in the Dong-dong, Dong-si, Dong-si, to the 5-lane of the Sora Village 5-lane from the 5-lane of the west Village.

However, since the location is a private-distance intersection where signal lights are installed, a person engaged in driving duties has a duty of care to safely drive the signal in accordance with the signals. However, due to negligence of neglecting the duty to safely drive the signal in compliance with the signals, he or she neglected it and proceeded with the yellow fT100 Oral part of the victim E (ma, 54 years old) driving, who was straighted from the view of the yellow village room to the cT100 Oral part of the victim E (ma, 54 years old) driving, was placed at the front of the bus driver's seat, and the victim suffered "brain and brain cerebral blood, etc." for about 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. Fact-finding report, photographs, and internal investigation report (No. 12 and 13 No. 13).

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant tried to enter the intersection with yellow signals, and that the victim suffered serious injury due to the occurrence of the instant traffic accident is an element of sentencing unfavorable to the defendant.

On the other hand, the Defendant recognized all the facts charged of the instant case, and there is considerable negligence in the occurrence of the instant traffic accident and the expansion of damage, that is, the victim entered the red signal intersection without a driver's license while driving the 0.187% alcohol level, and caused the instant traffic accident.

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