beta
(영문) 수원지방법원 2017.09.05 2017고단3912

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving Korea-China Transport Village Bus.

On March 30, 2017, the Defendant driven a Han-do Intermodal Village bus around 17:05, and led to the intersection of land within 248 to the Han-si elementary school from the opposite side of the opposite side of the port to the Han-si.

Since there is an intersection where a signal is installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and by properly examining the right and the right of the front.

Nevertheless, when the defendant neglected this and proceeded with the vehicle driving signal as it is, due to negligence, disregarding that the vehicle driving signal is a stop signal, the defendant suffered bodily injury by the victim C (the 14-year old age) who walked along the crosswalk in front of the above bus operated by the defendant, due to the shock of the front part of the vehicle operated by the defendant, resulting in the victim's bodily injury, such as the 1,2,3,4,5 cut on the left side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) (2) and on-site photographs;

1. Investigation report (Report on the confirmation of black boxes and video images);

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Where the scope of the recommended punishment according to the sentencing guidelines [the types of decisions] is [the scope of the recommended punishment], traffic crimes, general traffic accidents, types 1 (the injury resulting from a traffic accident) [the person subject to special sentencing] mitigated factors - the aggravated aggravated factors of punishment - Where serious injury occurs, the illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the violation of signal signals, the violation of duty to protect pedestrians at crosswalks] [the scope of the recommended punishment] increased area, eight months or

3.The following circumstances and the age, family relationship of the defendant, of the sentence of sentence: