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(영문) 의정부지방법원 고양지원 2015.01.15 2014고단1170

교통사고처리특례법위반

Text

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving of buses No. 8880. C.

On January 8, 2014, the Defendant continued to search the front road of the 527 parallel, elementary school bus stops at the center of Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

Since the place has a bus stop and crosswalk, a person driving a motor vehicle has a duty of care to reduce speed and to safely drive a motor vehicle in good manner.

Nevertheless, the Defendant neglected to perform his duty on the front side of the bus due to occupational negligence, and did not find out the victim D ( South and 54 years old) who crosses the road by cutting bicycles to the port from the right side of the bus driving direction, and did not find out the same. As part of the bus front body part of the bus, the victim's bicycle front edge part of the bicycle was shocked, and caused the victim to go beyond the floor, thereby causing the victim to suffer serious injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement of E;

3. A statement of the F;

4. Application of Acts and subordinate statutes to the report on traffic accidents;

1. The grounds for sentencing under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act for the following facts: (a) the Defendant neglected to perform his/her duty of care in advance; and (b) the victim was hospitalized in a middle patient room so far; and (c) the victim is an element for sentencing unfavorable to the Defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognized the facts charged in this case, the victim's negligence is the cause of the occurrence of this case, the bus operated by the defendant was admitted to the mutual aid association, and the defendant has no record of crime.

Furthermore, the sentencing guidelines as shown in the arguments, such as the Defendant’s age, character, conduct and environment, were taken into consideration, and the sentencing guidelines prepared by the Sentencing Committee also refer to “traffic crime sentencing guidelines.