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(영문) 서울남부지방법원 2019.05.30 2019고단1024
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a chartered bus B.

On November 13, 2018, the Defendant driven a bus on the 17:56th day of November 13, 2018, and driven the road of 4 lanes in front of the 227-lane, which is located at the airport of Gangseo-gu Seoul, along the two-lanes, straight from C to the mountain basin, at about 40km each hour.

Since there is an intersection where signal lights are installed in the front side, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and instead, even though the electric crossing signal was changed to red, the part of the victim D(67 years old)'s right side side side side of the motor bicycle driving along five lanes from the edge of the mountain basin in accordance with the signals due to the occupational negligence, which led to the left turn, in violation of the signal, was taken into the front side of the bus.

Ultimately, the Defendant suffered injury to the victim, such as influence of the detailed details of the chain frame that requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnosis reports;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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