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(영문) 서울북부지방법원 2019.01.31 2018고단5328

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six 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

(State) The Defendant is a person who is engaged in driving service with C124CC owned by B.

On September 19, 2018, the defendant driving a two-lane near Seongbuk-gu Seoul Metropolitan Government D's exclusive bus lanes on the two-lanes of the three-lanes of the bus exclusive bus lanes, and driving the two-lanes on the surface of the remote distance in the Hansung-gu, Seongbuk-gu.

Since there are only one bus exclusive lanes, and since the passage of vehicles is frequent, any person engaged in the vehicle driving business has the duty of care not to intruded bus exclusive lanes when changing course, and to change the course of the front and rear left, it is also required to take into account the situation of the front and rear left well and safely.

Nevertheless, the Defendant, by negligence in the course of business, committed a sudden course of driving the bus-only lane in order to overtake vehicles located on the right side of the bus in the direction direction, caused the victim G (V, 20 years old) who was on the right side of the bus of the E-driving where the bus used the bus-only lane as the left side of the off side of the off-to-land, and was on the above side of the off-to-land, and caused the victim to reverse the part of the victim's right side side, thereby causing about 14 weeks off the right side of the bus to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the occurrence of each traffic accident of H, I, and E;

1. G statements;

1. A traffic accident report;

1. The CD (the CCTV on the surface of a disaster, and the scene of an accident, etc.);

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence is that the Defendant is grossly negligent in causing a traffic accident while driving a bus exclusive bus in order to overtake the vehicle in front and is under serious injury to the victim.

The sentence of imprisonment without prison labor shall be selected against the defendant.

However, the defendant is not subject to criminal punishment.

The injured party.