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(영문) 수원지방법원 2016.06.02 2015고단5636

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C urban buses.

On September 20, 2015, the Defendant driven the above bus around 20:15, and proceeded to turn to the left at about 40 km each other at the speed of about 50 km from the 2nd new cityside of the same coal 2nd, along the two-lanes of that coal 40 km.

Since there is an intersection with a signal signal, the person engaged in driving service was found to have a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right of the road, and to drive safely according to the new code.

Nevertheless, the Defendant neglected this and proceeded to the left while making a left-hand turn on the left-hand signal while driving the vehicle, and received the head and chest part of the victim D (the age of 72) crossing the road in accordance with the pedestrian signals at the crosswalk, and made the victim go to the ground.

Ultimately, the Defendant suffered injury, such as blood transfusion, from the victim due to the above occupational negligence, which requires approximately twenty-four weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (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 the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing) of the Act on the Punishment of Traffic Accidents No. 1 [the person subject to special mitigation] [the person subject to special mitigation] [the decision of sentence] is presented as the person not subject to punishment (including the person subject to serious efforts to recover damage] [the decision of sentence], together with the circumstances presented as the person subject to special sentencing, the injury suffered by the victim due to the instant accident in this case is serious, the defendant is against the victim, and the victim agreed with the victim. The victim wishes to take the preference against the defendant, the defendant's age