beta
(영문) 전주지방법원 2014.07.25 2014고단841

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of route buses No. 105 route buses, which are owned by a new passenger vehicle.

On February 18, 2014, the Defendant driven the above city bus on February 16:15, 2014, and driven the front road in front of the New-do Saemaul Depository, Seojin-gu, Seoul Metropolitan City, Seoul, with the telecommunication department department distance, from among children's apartment protection areas, the Defendant driven around about 40 kilometers in speed, according to one speed among the two-lanes in speed.

However, there is a crosswalk in which no signal, etc. is installed on the front, and there is a lot of motor vehicles parked in front of the crosswalk, and the starting point of the crosswalk is not accurately visible. In such a case, the defendant who is engaged in driving of the urban bus has a duty of care to prevent the occurrence of an accident in advance by driving the bus when checking whether there is a person who would reduce the speed in the crosswalk immediately before the crosswalk and properly check the front seat.

Nevertheless, the Defendant did not discover the victim D (11) who cross the above crosswalk to the left-hand side of the right-hand side of the city bus, while neglecting it, and received the front side of the above city bus.

The Defendant suffered injury, such as the closure of two openings, which require treatment for at least six months, due to such occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. On-site photographs;

1. A medical certificate;

1. Investigation report (related to the entrustment and reply of serious injuries);

1. Application of investigation report (related Acts and subordinate statutes to the situation in which the victim first enters the crosswalks);

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. The suspended execution is agreed with the victim under Article 62(1) of the Criminal Act, and the confession and exhaustion of the crime of this case is made.