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(영문) 서울중앙지방법원 2017.07.19 2017고단3668

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence 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 of a new route C bus owned by the Bank of Korea.

On February 11, 2017, the Defendant driven the above bus around 13:40, while moving to the direction of the Seoul Station in the middle-gu Seoul, Jung-gu along the unification of the city, which led to moving to the direction of the Seoul Station.

At the same time, crosswalks are installed at the above location, and traffic signals are installed at the time of the red signal signals, and thus, the driver of the motor vehicle thoroughly follows the traffic signal to the driver and the front time, and in particular, when the crosswalk passes, the driver of the motor vehicle has a duty of care to stop, and the pedestrian has a duty of care to drive the crosswalk after walking the crosswalk.

Nevertheless, the Defendant neglected this and proceeded with the crosswalk because of the negligence of bypassing the pedestrian signal in the above intersection while being a green signal, and caused an injury to the victim, who opened the crosswalk in accordance with the above pedestrian signals, by having contacted the left side part of the victim D (77 years old) who opened the crosswalk with the right side of the above bus, leaving it over the ground floor, and leaving it over the ground floor, leaving it back to the right side of the victim's bridge, leaving it back to the right side of the above bus, and leaving it back to the right side of the victim's bridge, and leaving it over to the right side and leaving it, requiring about 16 weeks of care to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident statement prepared in D;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Each investigation report (Nos. 9, 10, 11 and 12 once a year);

1. A written diagnosis on D;

1. Application of Acts and subordinate statutes (No. 6 times a year) to on-site photographs (No. 5 times a year), CCTV-capes;

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

1. Selection of imprisonment without prison labor (the defendant shall be punished by imprisonment without prison labor in consideration of the gravity of the defendant's breach of his/her duty of care and the circumstances of the victim's injury).