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(영문) 의정부지방법원 고양지원 2016.03.31 2015고단2543

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 a period of 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 driving a C tourist bus.

On March 19, 2015, the Defendant driven a above bus around 22:40 and proceeded at a speed of about 60 km per hour from the front side of the 9 association shooting distance, which is marked with signal apparatus located in the Dong-gu, Busan Metropolitan City, Goyang-si, by driving the above bus at around 22:40 on March 19, 201, at the speed of about 60km per hour from the front side of the 9 association shooting distance.

Since the signal at the time of such a stop signal, in such a case, a person engaged in driving a motor vehicle had a duty of care to drive a motor vehicle, such as driving a motor vehicle under the front left left left and right well, and driving a motor vehicle under normal signals.

Nevertheless, the Defendant neglected this and followed the front part of the victim D(52)'s village bus driving in accordance with normal signals to port from the right side of the direction of the course by negligence in contravention of the signal, and shocked into the right side of the above tourist bus.

Ultimately, the Defendant caused the victim D’s injury due to the above occupational negligence, such as the escape of approximately 12 weeks of treatment, the dog bed, and the complete marbing of the off frame.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to traffic accidents prepared D;

1. Application of the actual survey report, diagnosis report, and each photographic statute;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing guidelines [decision on the types] traffic crimes, general traffic accidents, and Type 1 (Bodily Injury from Traffic Accidents) (the person subject to special sentencing]: The basic area of the sentencing guidelines, April of the credit cooperative, and October.

3. Determination of sentence: The victim shall be a considerable amount of time for an accident caused by a violation of signals, such as two years of suspended sentence, in August of his imprisonment without prison labor;