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(영문) 인천지방법원 2020.10.28 2020고단5090
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person running a city bus B.

On May 8, 2020, the Defendant driven the above city bus on May 20:5, 2020, and moved down six-lanes in front of the distance from the gymnasium to about 20-30km at the speed of the city, depending on the six-lanes of the above road.

Since a crosswalk without signal lights and a temporary stop sign are installed, drivers had a duty of care to ensure the safety of the course by temporarily stopping in front of the stop line in accordance with the safety signs, and to ensure the safety of the course and to prevent the accident from spreading.

Nevertheless, the suspect did not neglect it and did not temporarily stop in the stop line, and did not find out the victim C who walked along the crosswalk from the right side of the city bus to the left side of the crosswalk, and received the front part of the said city bus.

Ultimately, the Defendant suffered injury to the victim, such as the escape of the prosecution requiring approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident;

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

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

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

The defendant, as a bus driver, violates his/her duty of care in the vicinity of the crosswalk.

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