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(영문) 서울동부지방법원 2020.06.01 2019고단838

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

At around 18:50 on December 9, 2018, the Defendant was driving a 6-laned road in front of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, along the two-lane width from the surface of the ecological park shooting distance to the roadside.

Since the exclusive bus lanes are installed, a person engaged in driving service has the duty of care to safely drive the bus exclusive bus lanes along the bus line so that the person engaged in driving service is not affected by the bus exclusive bus lanes.

Nevertheless, the Defendant neglected to do so and received the right side part of the D buser in front of the D bus driving one lane, which is the exclusive bus lanes, due to the negligence of breaking the exclusive bus lanes.

As a result, the Defendant suffered, from the above occupational negligence, on the part of the victim E (the age of 58), the victim E (the passenger of the bus), approximately 12 weeks of medical treatment for 12 weeks of pulverging, and the injury of culverging in the pipe, which requires approximately 2 weeks of medical treatment to the victim F (the age of 45), and on the part of the victim G(the age of 48), the injury of culging dule, etc., which requires approximately 2 weeks of medical treatment to the said bus driver.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of G and H;

1. Each written diagnosis;

1. Investigation report (Listening to the phone statement of the driver of the victimized bus G and listening to the victim E phone statement);

1. Each traffic accident report;

1. Application of each of the laws and subordinate statutes to black boxes, video CDs, and photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Grounds for sentencing of selective imprisonment without prison labor;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendation [the determination of types] according to the sentencing guidelines and the recommended range (the determination of types] shall be the general traffic accident [the category 1] the recommended range where there is no injury (the person who is a special person) caused by traffic accidents and the recommended range.