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(영문) 창원지방법원 진주지원 2015.05.26 2015고단194

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year 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 in Busan Traffic B New Scza.

On January 5, 2015, the Defendant driven the above bus on January 15:35, 2015, and led the two-lanes of the two-lanes in front of the Haak-gu apartment at the Haak-dong in Jin-si in Jin-si, to the Jin-si side from the 10th square to the Jin-si side.

In this case, the driver of the motor vehicle had a duty of care to see the front door and safely drive the motor vehicle in accordance with the new code, since the road is an intersection where traffic is controlled by signal apparatus, and the crosswalk is installed.

Nevertheless, the Defendant neglected this and proceeded with the victim C (14 years old) who dried the bicycle on the right side of the bus in the left side of the bus moving direction of the Defendant's bus by negligence in the course of his duties, which led to a sudden progress of red stop signals in violation of the signal signal, and brought the bicycle on the right side of the bus of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the structural frame of the closed flag, which requires approximately 10 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. On-site photographs, the register of driver's licenses, car screenings, investigation reports, application of Acts and subordinate statutes

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

1. The main reason for sentencing under Article 62(1) of the Criminal Act lies in the degree of injury suffered by the victim by the accident of this case due to the defendant's negligence, the defendant has a record of punishment for the same kind of crime around 2008, and the occurrence of a traffic accident causes an accident in violation of the signal while driving a bus with a high risk of danger.