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(영문) 서울서부지방법원 2020.06.25 2020고단633
교통사고처리특례법위반(치상)
Text

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

except that 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 village buses B.

On October 15, 2019, the Defendant driven the above village bus on October 16:48, 2019, and continued to turn to the right from the sloping-gu private road to D elementary intersection.

At the time, the passage of a vehicle was low, and there was a blind-distance intersection where a signal, etc. is installed, so there was a duty of care to prevent accidents in advance by safely driving the vehicle according to the traffic signal to those engaged in driving business.

Nevertheless, the Defendant neglected to turn to the left on the right of the straight line in contravention of the signal and had the victim go over the floor by taking the front wheel of the victim E (W, 25 years old) driving FITI100 motorcycle, which was driven by the victim E (W, 25 years old) driving, into the right part of the village bus.

Ultimately, the Defendant caused the victim to suffer injury, such as mination of flavers to the right side, which requires approximately 16 weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of statutes to copies of each written diagnosis;

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

1. It is so decided as per Disposition on the grounds that Article 62(1) of the Criminal Act ( even if the degree of damage in this case is very serious, it is subscribed to mutual aid, and the defendant does not have any criminal records other than once the same fine, and takes into account the elderly) of the suspended execution.

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