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(영문) 인천지방법원 부천지원 2019.11.29 2019고단2616

교통사고처리특례법위반(치상)

Text

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

except that 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 of the city bus B.

On July 8, 2019, the Defendant driven the above vehicle at a speed of about 20 kilometers a speed of about 10 kilometers a speed from the D apartment to the appraisal dong, while driving the two lanes in front of the bus stops located in the after bus stops in Kimpo-si, Kimpo-si, Kimpo-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed, to live well with the front left well, to take into account whether there is a pedestrian on the crosswalk, and to prevent accidents in advance.

Nevertheless, the Defendant failed to discover the victim E (the 60-year old) who cross the crosswalk from the right side by negligence while neglecting it, and proceeded as it is without discovering the victim E (the 60-year old). The Defendant received the victim from the right side of the bus and got the victim to go beyond the road.

As a result, the Defendant suffered from the injury of cages, fages, closure, etc. that invaded cages cageages, which require approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs of the scene of accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. The decision of sentence shall be made by the defendant;