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(영문) 인천지방법원 2018.07.18 2018고단3870
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a village bus under the traffic control of a new town.

On January 7, 2018, the defendant operated a village bus according to the route B around 12:30, and stopped at the Incheon District Court in the area of the apartment bank located in the south-gu Incheon Metropolitan City, the defendant suffered from the injury of the victim C (V, 82 years old) who was suffering from the back of the above village bus due to occupational negligence that caused passengers on board to proceed the village bus in the future because he did not properly operate the brake system so that passengers on board do not fall at a bus stops at an elementary school bus stops in the south-gu Incheon Metropolitan City, Nam-gu, Incheon, and caused the victim to suffer from the injury of the closed frame of the above village bus that requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of the Act and subordinate statutes to a report on investigation (booms image), an accident site photograph, and a photographic image of a black stuff;

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; Selection of imprisonment without prison labor;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from April to one year) of the types of general traffic accidents (no person subject to special sentencing];

2. The crime of this case, which was determined to be sentenced, is a case where the defendant sustained injury to the victim by negligence in the future of the village bus prior to the completion of the passenger's getting off, and the crime of this case is not less than the nature of the crime, and the victim suffered serious injury that requires about 14 weeks medical treatment due to the crime of this case, etc., which is disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and reflected the mistake, and immediately after the accident, the village bus was set and the relief measures against the victim were taken.

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