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(영문) 서울서부지방법원 2020.04.21 2020고단209
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 driving a driving school bus B.

On October 8, 2019, the Defendant driven the above bus around 19:18, and proceeded with the front road of Eunpyeong-gu Seoul Metropolitan Government C apartment zone from the side of D High School to the office of Eunpyeong-gu.

At all times, the crosswalk and signal have been installed on the front door, so in such a case, there was a duty of care to safely drive a person engaged in driving a motor vehicle by checking well whether he/she is a person and a pedestrian.

Nevertheless, the defendant neglected to do so and did not look well about whether he is a person or not, and by negligence, got a victim E (the age of 57) who was standing in a crosswalk pursuant to the pedestrian signals, in front of the bus in which the defendant drives.

Ultimately, the Defendant suffered injury to the victim, such as blood transfusion from an external wound, in which there is no two inner address in need of open treatment for about 20 weeks from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report (1) (2) and a report on the occurrence of a traffic accident;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes to a report on investigation (booms image analysis);

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic accidents in general traffic accidents [Type 1] and the factors to mitigate the injury of traffic accidents (including a special person who has committed serious effort to recover the damage): Where illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (excluding subparagraph 8) is serious (the scope of recommendation and recommendation). In the basic area, from April to one year of imprisonment without prison labor.

3. The decision of sentence is made in this case.

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