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(영문) 서울서부지방법원 2016.06.14 2016고단1054
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 the operation of the city bus.

On February 23, 2016, the Defendant driven a bus around 10:00 and proceeded along the four-lane prior to Yongsan-gu Seoul Metropolitan Government E along the fourth-lane in the direction of a triangulation area from the bank of the Seoul Station, while making a right-hand turn to the south area at a speed of about 20km per hour.

Since there is a place where signal lights and crosswalks are installed, there was a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as accurately operating the steering gear and brakes, keeping the front door and the right and the right, and checking whether there is a person driving the motor vehicle.

Nevertheless, the Defendant neglected this and neglected the right and the right and the right and the right and the part of the victim's bridge, which was used on the right and right side of the bus, continued to be used in the right side of the bus in the direction of the pedestrian name in the direction of the passage of the bus at the end of the road.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence from the victim’s inner gate of the right satisfaction, which requires medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of a survey report on actual condition (1), (2), and each medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the selection of imprisonment without prison labor for

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. General traffic accidents, injury from traffic accidents, and basic areas: Imprisonment without prison labor for April to October - No punishment shall be imposed - Where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is more severe;

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