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(영문) 인천지방법원 부천지원 2016.01.21 2015고단3366
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a bus B.

On September 19, 2015, the Defendant driven a bus at around 12:00, while proceeding at about 20 km from the parallel parallel parallel to the parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel between the parallel parallel parallel parallel parallel parallel parallel parallel to the parallel parallel parallel parallel parallel parallel parallel.

At all times, there are crosswalks installed in the front of the right-hand road as a private-distance intersection, so in such a case, the driver of the motor vehicle has a duty of care to reduce the speed to the person engaged in driving the motor vehicle, to well look at the right-hand side and right-hand side. In particular, when the person passes the crosswalk, the driver of the motor vehicle has a duty of care to prevent the accident in advance by checking whether the pedestrian traffic signals turn on after temporary suspension

Nevertheless, the Defendant neglected his/her duty and continued bypass and passed the crosswalks to the port from the right side of the bus of the Defendant according to the pedestrian signals, but did not avoid the victim D(W, 61 years old) to the right side of the bus of the Defendant, and went to the right side of the victim with the front side of the bus of the Defendant.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 2개월 간의 치료가 필요한 발의 으깸 손 상 등의 상해( 잠 정 상해 )를 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to a traffic accident report, traffic accident report, photograph, each investigation report, and medical certificate;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] [the scope of recommendation] under Article 62(1) of the Criminal Act on the grounds of the suspended sentence, the area of mitigation (one to six months) (including a person who has been specially mitigated), which is not subject to punishment (including a serious effort to recover damage) [the decision of sentence].

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