beta
(영문) 수원지방법원 성남지원 2016.10.13 2016고단1646

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a bus driver.

On November 17, 2015, the Defendant driven the above vehicle at around 17:50 on November 17, 2015, and moved one lane in front of the oil-distance road into a shotcheon-gu, Sungnam-si, Sungnam-si, and passed the crosswalk by moving the other three-lanes from the boundary of the global sports complex to the front distance.

In this case, a person engaged in driving service has a duty of care to reduce speed from the immediately preceding crosswalks and to prevent accidents in advance by safely driving it with the right and the right and the right of the crosswalks.

Nevertheless, the defendant neglected this and did not discover the victim D who has crossed the crosswalk without permission, which is a red signal for math pedestrians, due to negligence proceeding at the same speed, and did not discover it and conflict with the victim with the right side of the front part of the vehicle of the defendant.

As a result, the defendant suffered serious injury, such as an external wound so that there is no two open wound which requires treatment for about six months, and a victim suffers from a serious injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) (2);

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that the defendant has no previous conviction for about twenty-five years, that the defendant's vehicle is insured by the Financial Cooperative, and that the victim's negligence is not much specified);

1. Order to attend lectures under Article 62-2 of the Criminal Act;