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(영문) 제주지방법원 2018.07.18 2017고단3241

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of C chartered bus.

On November 20, 2017, the Defendant driven a bus at around 06:10, and driven the front of the stadium at Jeju, along the two-lanes of the entrance crossing of the stadium at the direction of the off-distance, along the two-lanes of the entrance of the stadium at the direction of the crosswalk, the Defendant was on the right side of the victim E (80 years old) who opened the crosswalk in accordance with the pedestrian signals from the left side of the direction of the course of the work, without stopping the signal going ahead of the crosswalk because of the red signal, and received the front side of the bus as the front side of the bus.

Ultimately, the Defendant suffered injury to the victim, such as a fluoral colon, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A general medical certificate (E);

1. Application of Acts and subordinate statutes to traffic accident reports;

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, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. Article 62 (1) of the Criminal Act on the suspended execution (The following shall be taken into consideration: (i) the victims are against the law; (ii) the victims have recovered from damage through a mutual aid association of the Federation of Korea Bus Transport Business Associations; and (iii) the victims have reached an agreement smoothly; and (iv) the

1. The community service order under Article 62-2 of the Criminal Act;