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(영문) 수원지방법원 안산지원 2020.01.16 2019고단3738

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C bus owned by a stock company B.

On August 21, 2019, the Defendant driven the above bus on August 22:12, 2019, and moved to D at a speed of about 10 km from the direction of the Sinsan to the intersection of the 355-gil Sinsan-ro, Sinri-si, Sinsan-do.

At the time, there are crosswalks where signal lights are installed at night, and in such cases, there are duty of care to check whether a person engaged in driving service is a person who gets involved in driving, and to check whether there is a person who gets involved in driving, and to prevent accidents.

Nevertheless, while the defendant neglected this and proceeded by right-hand when the pedestrian signal is a green signal, the victim E (the 34 years old) was shocked by the crosswalk in accordance with the pedestrian signals, and the direction of the driver's seat was assigned to the front of the bus driver's seat.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body of the family head at the left-hand 15 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. A medical certificate;

1. Application of traffic accident report, actual condition survey report, accident site and vehicle photographs, and relevant Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant recognized the crime and misjudgments the defendant's mistake, the insurance processing was made to the victim through the G Financial Cooperative, the defendant agreed to pay the victim KRW 20 million, the defendant is the primary offender who has no criminal power, the degree of violation of the defendant's duty of care, the age, character and conduct of the defendant's age, and the character and conduct.