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(영문) 창원지방법원 2017.11.01 2017고단3028

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

On July 22, 2017, the Defendant was a person who is engaged in driving the city bus No. 25, and was driving the bus around 18:40 on July 22, 2017, and led to the moving of the shooting distance of the non-permanent apartment complex No. 9, which is located in the route of Kimhae-si, to the direction of the U.S. kindergarten in the direction of the U.S. new kindergarten at the front door door.

However, since there are lots of crosswalks installed, the defendant engaged in driving service has a duty of care to temporarily stop and check whether there is a person standing the crosswalk, and to continue with it.

Nevertheless, the Defendant neglected to do so and led the Defendant to the left side of the course due to the occupational negligence going by the Defendant’s failure, and the victim C (V, 42 years old) who was standing the crosswalk to the right side of the bus driving by the Defendant in accordance with the pedestrian signals, proceeding about 2 meters by moving it to the lower side of the vehicle.

Accordingly, the defendant suffered from the victim's injury such as cutting down below the left-hand side of the treatment days due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accidents;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of recommended punishment] No. 1 of the basic area of traffic accident (4-1 year) (including a person who has been specially mitigated) / In the event of serious injury (including a serious effort to recover damage), (1) [the decision of sentence] Defendant has caused a traffic accident in violation of the duty to protect pedestrians in the crosswalk, and the victim caused a serious injury to the left-hand kne, which was cut below the left-hand kne.