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(영문) 의정부지방법원 2015.12.09 2015고단3689

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On May 8, 2015, the Defendant driven the above bus around 19:00, and proceeded two lanes in front of the 74-lane 3 Dong-dong community service center, Giri-si, Giri-si, Giri-si, Giri-si, Giri-si, Gidong, Gi-si, Gi-si, Gi-si, Gi-si

There are crosswalks in which signal lights are installed on the front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to properly operate the brake and steering gear and to safely drive the motor vehicle by complying with signals.

Nevertheless, the Defendant neglected this and got the victim D (the age of 12) who walked to the port from the right side of the crosswalk due to the negligence in violation of the signal, and walked to the port side of the bus.

As a result, the defendant suffered from the above occupational negligence that requires approximately six weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. 집행유예 형법 제62조 제1항 양형의 이유 [권고형의 범위] 일반 교통사고 > 제1유형(교통사고 치상) > 기본영역(4월~10월) [특별양형인자] 없음 [선고형의 결정] 피고인이 신호를 위반하여 횡단보도를 건너던 피해자를 충격한 것으로 그 주의의무위반의 정도가 중하고, 비록 어린이인 피해자가 보행신호에 뛰어서 건넜다고 하더라도 그 잘못을 크게 평가할 수는 없다.

However, the defendant has no criminal power except once a fine of one million won, the defendant is admitted to the mutual aid association and the victim seems to receive compensation for damage, while the defendant is in trial.