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(영문) 서울남부지방법원 2015.06.18 2015고단1886

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for six 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 the operation of the city bus B.

On March 22, 2015, the Defendant driven the above bus on March 12, 2015, while driving the four-lane road in front of Yangcheon-gu Seoul Metropolitan Government along the three-lane road from the Seocho Cargo Terminal to the New IC.

There are frequent traffic of vehicles, and signals are installed on the front door, so in such a case, there was a duty of care to reduce the speed to persons engaged in driving service and to prevent accidents in advance by looking at the other vehicles' attitudes in the signal lights and the front door.

Nevertheless, the Defendant neglected this and proceeded as it is, without neglecting the fact that the vehicle progress signal is changed to the stop signal, and the victim D (the age of 61) who was proceeding from the right side of the proceeding to the left side of the road operated by the victim D (the age of 61) who was proceeding in accordance with the new code was shocked by the part of the bus fronter of the Defendant.

Ultimately, the Defendant suffered approximately nine weeks of medical treatment due to the above occupational negligence, namely, a cage at l9 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] The basic area (of April to October) of the first type of traffic accident (the decision of sentence) [no special person] [Judgment of sentence] in light of the defendant's negligence and degree of damage, etc., although the liability for the crime is not easy, the fact that the defendant recognized and reflects the crime, that there was no record of punishment exceeding the fine due to the same crime, and that there was no record of punishment exceeding the fine due to the same kind of crime, the order and order within the scope of Recommendation considering all the conditions of sentencing such as the defendant's age