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(영문) 수원지방법원 2019.01.15 2018고단393

교통사고처리특례법위반(치상)

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Defendant shall be punished by imprisonment without prison labor for eight 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 driving a bus B-C-T 21.

On December 12, 2017, the Defendant driven the above bus on December 2012, 2017, and proceeded along the lane of the right-hand village between D and D in the direction of the right-hand village at the two-lanes of the Mari-gu, Young-gu, Young-gu, Young-si.

Since signal lights are installed on the front door and crosswalks exist, the driver of the motor vehicle has a duty of care to check whether there is a person who gets to drive the motor vehicle by reducing the speed and checking well the front door, and to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the victim E (the 39 years old) (the 39 years old) who passed the crosswalk to the port from the right side of the Defendant’s running direction due to the negligence of proceeding, while the vehicle signal was red, to go beyond the ground.

As a result, the Defendant suffered injury, such as an injury caused by the Defendant’s negligence on the part of the above occupational negligence, such as a light-free fladying, the right-hand fladying fladying flady, etc., where there are two

Summary of Evidence

1. Defendant's legal statement;

1. A yellow survey report, an accident site photograph, and CCTV video data CD;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 1 (Bodily Injury by Traffic Accidents): Cases where illegality in the proviso of Article 3(2) of the School Specialized Law is serious (in cases falling under more than two provisos), where the instant accident violates the signal of the Defendant, who is a bus engineer, and is on the crosswalk.