교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaged in urban bus driving service.
On November 11, 2017, the Defendant driving a bus around 05:32, and driving a two-lane from the two-lanes in front of the Seoul Southernbuk-gu Seoul Metropolitan Government, the two-lanes of the two-lanes in front of the D in front of the D, which turn back to the unsurged speed at an unsurging distance.
At the time, there was a new wall, and there was a crosswalk where signal lights are installed, so there was a duty of care to check whether there was a person engaged in driving of a motor vehicle to reduce speed and to see well the right and the right and the right of the motor vehicle, to check whether there was a person, and to take the duty of care to prevent accidents in advance by driving the motor vehicle safely.
Nevertheless, the Defendant neglected this and neglected to walk the way using the crosswalk pursuant to pedestrian signals due to the negligence of bypassing the road as it is, the Defendant, after the collision with the part above the right side of the above bus that the Defendant driven by the victim E (the age of 80), followed the Defendant’s left side of the victim’s left side going beyond the road as the front wheels of the bus driving by the Defendant.
Ultimately, the Defendant suffered injury to the victim, such as the opening frame of an inner copy, which requires approximately 10 weeks of medical treatment, due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of the actual survey report, on-site photographs of accidents, and written statements on the occurrence of traffic accidents (E), and medical certificates to statutes;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include the following: (a) although the Defendant, as a bus driver, bears the respective duty of care in each of the exhibitions committed, the instant accident occurred by gross negligence of the Defendant; (b) the victim suffered serious injury from the instant accident; and (c) the Defendant was punished for the same kind of crime.