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(영문) 광주지방법원 2016.11.10 2016고단3293

교통사고처리특례법위반(치상)

Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving universal bus B.

On July 7, 2016, the defendant driving the above vehicle at around 07:31, and driving the two-lane road in front of the negligent apartment in the Southern-gu Seoul Metropolitan City, Nam-gu, along the two-lanes from the 21st Hospital of the future, to the Myeon of the international old-gu funeral.

Since there are crosswalks where signal lights are installed on the front door, in such a case, the person engaged in driving service had a duty of care to safely drive the crosswalk as well as to check whether there is a person who gets on the front door as the person engaged in driving service.

Nevertheless, the Defendant neglected this and neglected the stop signal and received the victim C (A, 78 years old) who has dried the crosswalk from the right side of the Defendant’s proceeding to the left side according to the pedestrian signal, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from an injury to the victim by negligence in the course of performing the above duties, i.e., blood transfusions without an open room in the head requiring approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the practical survey report, diagnostic certificate, and Acts and subordinate statutes governing the scene of accident;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended sentence based on the sentencing guidelines: A person who is in the basic area (four to one year) of the types of general traffic accidents (the injury of traffic accidents) in the imprisonment without prison labor for four months or one year: A person who is subject to special mitigation in cases where illegality in the proviso to Article 3 (2) of the Special School Regulations Act is serious: A person who is subject to special mitigation: A person not subject

2. Determination of sentence: The sentence of imprisonment without prison labor for eight months and the suspension of execution for two years as follows, and other occasions, such as the age, character and conduct, environment, details of the crime, and circumstances after the crime, etc.