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(영문) 의정부지방법원 고양지원 2016.12.09 2016고단2827
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving of C21-person village buses.

On May 10, 2016, around 10:08, the Defendant continued the four-lane road in the direction of 20 km-dong-dong-dong-dong-si, Chungcheongnam-do-ro 237, in the direction of the city from the wind-dong-dong-dong-dong-dong-dong-si to the direction of the city at about 20 km-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, the Defendant turned the right to the right of way

At the time, there was a crosswalk on which signal lights are installed, so there was a duty of care to check whether a person engaged in driving of a motor vehicle temporarily stops for the person engaged in driving of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not avoid the victim D (n, 82 years old) who cross the crosswalk pursuant to the pedestrian signals due to the negligence of driving the crosswalk, and did not take the victim D (n, 82 years old). On the right side of the bus operated by the Defendant, the victim's bridge was sent back to the road, and the victim's bridge was sent back to the right side of the bus above.

Ultimately, the Defendant suffered injury to the victim, such as the removal from the left-hand body, which requires approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

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: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, general traffic accident and first type;

(b) Special convicts: Reduction elements - No punishment sources;

(c) Scope of recommendations: Reduction area, between - 8 months;

3. Determination of sentence: six months of imprisonment without prison labor, two years of suspended execution (limited circumstances) as well as two years of suspended execution, and agreement with the victim.

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