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(영문) 서울중앙지방법원 2013.04.12 2013고단1075
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Crand buses.

On November 28, 2012, at around 07:13, the Defendant proceeded at a speed of about 40km from the erostal distance to the erostal station, along with the bus exclusive lanes located at about 13-8 lanes in Seocho-gu Seoul Metropolitan Government.

Since the location is near bus platforms and a new wall that flows along at the time, in such a case, there was a duty of care to prevent accidents by accurately manipulating the brakes and steering gear in the direction of the bus platform.

Nevertheless, the Defendant neglected to perform his duty of care and went beyond the road by taking the victim D(63) who was unclaimed to the central bus platform from the right-hand side of the road to the upper side of the bus driving by the Defendant.

Ultimately, the Defendant suffered a serious injury due to the above occupational negligence, such as an unknown mathy, external shocking, etc., which requires a medical treatment for about one year.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph or an accident vehicle photograph;

1. Investigation report (the telephone conversation of a shote);

1. A letter of visit for electric power patients;

1. A medical certificate;

1. Report on investigation (Visits);

1. Application of Acts and subordinate statutes to reporting on the state of victim (report on statement by the victim in charge);

1. Article 3(1) and the proviso of Article 4(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act / [Determination of type of punishment] Traffic crime, general traffic accident, and type 1 (the injury resulting from a traffic accident) [Special Aggravation] - Where serious injury occurs - Where the victim is negligent in the occurrence of a traffic accident or the expansion of damage.

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