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(영문) 수원지방법원 안산지원 2021.01.20 2020고단2772

교통사고처리특례법위반(치상)

Text

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

On February 6, 2020, the Defendant driven the above bus at around 08:48, and turned the intersection of the private distance C in front of the Sinung-si, at the front of the D school from the king basin, to the two-lanes of the two-lanes in letter.

Since there is a crosswalk where signal lights are installed on the bus fronter, there was a duty of care to safely drive the bus and prevent the accident by safely driving the vehicle after checking whether there is a person driving the vehicle.

Nevertheless, the Defendant neglected to do so and neglected it and neglected to bypass it to the right-hand side, and caused the victim E (the age of 47) who cross the crosswalk from the right-hand side to the left-hand side in accordance with the pedestrian signals, and received the victim E (the age of 47) prior to the bus.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the body body body of the right-to-hand body in need of approximately 14 weeks of treatment.

Summary of Evidence

1. Application of the medical certificate of the defendant's legal statement, the actual traffic accident investigation report, the scene photograph of the accident, and the statutes governing each accident;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act include the following circumstances: (a) the victim suffered from an injury, such as the mouth of a duct, which requires a long-term treatment; (b) the occurrence of the accident on the crosswalks; and (c) the situation appears to have been improved due to the possibility of walking at the crosswalks; and (d) the payment of an agreed amount to the victim separately from the entrances and the initial agreement is made by the victim; and