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(영문) 수원지방법원 평택지원 2016.05.27 2016고단427

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 tourist bus B.

On February 13, 2016, the Defendant driven the above tourist bus around 19:41, and moved down two lanes in front of the 37th National Agricultural Cooperative Federation of Pyeongtaek-si in Gyeonggi-do from the direction of the police station to the direction of the court, along the two lanes in the direction of the court.

At the time, the front door of the road is going to the front door due to night and rain landing, and there are crosswalks where signal lights are installed at the front door. In such a case, the driver of the motor vehicle has a duty of care to check whether there is a person who gets to see the front door well and to prevent the accident by driving the motor vehicle safely in accordance with the traffic signals.

Nevertheless, the defendant neglected this and proceeded on the road by using the crosswalk in accordance with pedestrian signals, and did not find the victim C (the 56-year old age) to the right side from the left side of the bus of the defendant, and did not find the victim C (the 56-year old age) and got the body of the victim to the right side of the front of the bus, and caused the victim to go beyond the ground due to the shock, and caused the victim to face head on the road.

After all, Defendant 1 suffered injury, such as blood transfusion, from an injury to the victim due to the above occupational negligence, in which the victim suffered approximately eight weeks of injury to the victim, with no wound in the open two cases requiring approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. A report on the actual condition of traffic accidents and a report on the occurrence thereof;

1. Each written diagnosis;

1. Application of each statute on photographs;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. Scope of punishment: Not more than five years of imprisonment without prison labor;