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(영문) 수원지방법원 2015.05.13 2015고단142

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 person who is engaged in driving of a bus bus in C Gyeongnam.

On September 15, 2014, the Defendant operated the above bus at around 20:40, and proceeded to turn to the left from the garage at the front of the stop in the Inland, the address population of the Defendant, which is located in the entire agency of the Sinan-Eup, the vehicle, and turn to the left from the garage.

At the front of that place, there is an intersection with a yellow view signal installed.

In such cases, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle traveling along the intersection by reducing speed and properly examining the front side of the motor vehicle and to ensure that the driver has a duty of care to prevent accidents in advance by complying with the speed and speed limit and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected to turn to the left while driving the center line in the process of left-hand, received the victim D(19 years of age) E-to-be driving from the two-lane 19 years of age from the bus left-hand side, and caused the victim to suffer injury, such as the left-hand slot, the left-hand fluor, and the pulverization of the left-hand side, which requires approximately 14 weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual survey report on traffic accidents;

1. A written request for accident analysis;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

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

1. The defendant and his defense counsel regarding the assertion of the defendant under Article 62-2 of the Social Service Order Criminal Act and the defense counsel. In order for the defendant to turn to the left of the bus as determined by the method prescribed by the Road Traffic Act (at the center of the intersection while slowly driving along the central line), the rear part of the above bus is bound to intrude the central line. Thus, the defendant is not guilty of the central line, and this is therefore without fault.