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(영문) 대구지방법원 경주지원 2015.01.29 2014고단627
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 the operation of a tourist bus C.

On May 2, 2014, the Defendant driven the above bus on May 17, 2017:0, while driving the bus and driving the bus at a four-lane distance from the terminal street in the Nowon-gu, Seocho-si, and driving the bus at a non-speed speed along the four-lane distance from the intersection of the cross-speed bus terminal.

At this point, there is a crosswalk where signal apparatus is installed, and there is a crosswalk where signal apparatus is installed after the right-way, so there was a duty of care to prevent accidents by safely driving the vehicle by checking whether the person engaged in driving the vehicle is a pedestrian complying with the signal and driving the crosswalk.

Nevertheless, the defendant neglected this and neglected it, and caused the victim D (75 years old) who crosses the crosswalk from the right side of the road to the left side of the bus driving of the defendant to go beyond the road, without finding the victim D (75 years old) who crosses the crosswalk from the right side of the road, due to the negligence of entering the crosswalk as it is, and due to the negligence of entering it.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim due to the external wound of cerebrovasculars, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D and A;

1. Statement to E by the police;

1. Each written statement D or A;

1. The actual condition survey report;

1. Four copies of the on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Suspension of execution Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) provides that vehicles for the defendant are subscribed to mutual aid, and the defendant separately deposited 4 million won for the victim, and there is no particular criminal history for about about 20 years, age, occupation, etc.)

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