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(영문) 서울서부지방법원 2015.02.03 2014고단3556

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus B.

On October 9, 2014, the Defendant operated the bus as the business around 12:50 on October 12, 2014, while driving the bus in front of 118 road as the new village of Mapo-gu Seoul Metropolitan City at the two-lanes, using the new road as the new road, at a speed of about 5 km from the two-lanes to the new road of the four-lane.

At the time, the Defendant stopped in a bus stop but tried to depart from the bus stop, and there was a crosswalk where signal lights are installed on the front side of the Defendant, so there was a duty of care to start the bus safely by checking whether the signal signals are pedestrian signal or well-known.

Nevertheless, the Defendant neglected this and did not see pedestrian signal as it was, and caused the victim C (the 32 years old) who dried the crosswalk to the port from the right side of the defendant, according to the pedestrian signals, by the negligence of leaving the bus without viewing pedestrian signal as it is, and shocked the victim C (the 32 years old) to the right side of the defendant bus.

The Defendant suffered injury to the victim, such as the blood transfusion, the right-to-hand ske, and the fall-off disorder, etc., due to the above occupational negligence, for about six months of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident fact-finding report and a black flafe photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following reasons for sentencing) is [the scope of recommendation] general traffic accidents in light of the following: (a) the basic area (4 to 10 months) (the decision of sentence] of the defendant's negligence; (b) the victim was seriously injured; and (c) the defendant was punished for the same kind of crime.