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(영문) 의정부지방법원 고양지원 2020.06.05 2020고단776

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 who is engaged in driving a bus B.

On March 6, 2020, the Defendant driven the above bus on March 16, 2020, and came to proceed to the Simsan IC in front of the Simsan-gu, Simsan-si C in order to the Simsan IC from the direction of the movement of virtue.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a way to see well the right and the right of the front side, and to prevent the accident by driving the motor vehicle safely and safely.

Nevertheless, the Defendant neglected this and proceeded with the red signal while driving the front part of the bus driving by the Defendant (the age of 61) with the victim D (the age of 61) who opened the crosswalk in accordance with the pedestrian signal from the right-hand side of the vehicle running from the direction-hand side of the defendant's walked.

Ultimately, the Defendant suffered injury to the victim of the above occupational negligence during approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of D;

1. A medical certificate;

1. A traffic accident report (on-site survey report) and a signal frequency tag;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to a report on investigation (report on the analysis of motor vehicle records and video images);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. Determination of sentence: