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(영문) 인천지방법원 부천지원 2016.06.03 2016고단934

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 a bus B.

On April 16, 2016, the Defendant driven the above bus around 22:50 on April 16, 2016, and led to the front road of the new Young-gu apartment in Kimpo-si to the long-term high school on the side of Seoul.

At the time, since it is at night, a number of signals are installed, a person engaged in driving service has a duty of care to reduce speed and drive safely according to signals.

Nevertheless, the defendant neglected this and caused the victim C (17 years old) to go beyond the front part of the DCA1105 two-wheel automobiles operated by the defendant on the left side of the B bus operated by the defendant by negligence in violation of the signal.

As a result, the Defendant suffered injury to the victim C, such as the removal of boness at the left-hand side, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing CCTV afforestation photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., the fact that the defendant reflects his/her mistake, that the defendant has no record of being sentenced to imprisonment without labor or heavier punishment, and that the victim also committed a violation of signal and the victim does not want the punishment of the defendant);