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(영문) 서울동부지방법원 2014.11.20 2014고단1699

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2014, the Defendant, who is engaged in driving of B cross-city buses, was driving the bus around 07:0 on March 26, 2014, driving three-lane roads in front of 50 roads in Gwangjin-gu Seoul Special Metropolitan City, toward the direction of right along the two-lanes.

At this point, there was a crosswalk where signal lights are installed, and there was a lot of people's traffic near the Seoul Metropolitan Speed bus terminal, so the driver of the motor vehicle has a duty of care to reduce the speed and to make the front door well, while driving the motor vehicle safely according to the traffic signal in advance to prevent the accident.

Nevertheless, although the Defendant neglected this and changed the proceeding signal to yellow, the Defendant’s failure to enter the crosswalk unfairly and proceeds from it on the right side of the bus of the Defendant due to the negligence of entering the crosswalk.

After receiving a bicycle driven by the victim C(68 years of age) of a crosswalk from the right side of the bus of the defendant, the victim's left arms were turned back to the right side of the bus of the defendant, and the victim's left arms were turned back to the right side of the bus of the defendant.

As a result, the Defendant suffered injury to the victim by his occupational negligence, which caused approximately 12 weeks of medical treatment to the left-hand majority of the executives in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A traffic accident report, blackbox images, blackbox CD images;

1. Application of diagnosis certificates and inquiry inquiry inquiry-related Acts and subordinate statutes;

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

1. Selection of alternative imprisonment without prison labor;

1. Scope of the sentence under the Act on the Grounds of Sentencing under Article 62 (1) of the Criminal Act: Traffic crime group, traffic accident group, general traffic accident group for not more than 6 months in imprisonment without prison labor for not more than 5 years;