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(영문) 수원지방법원 2017.09.13 2017고단3752
교통사고처리특례법위반(치상)
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 a route CV D bus belonging to the water source passenger.

On January 31, 2017, the Defendant driven the above bus on a around 11:35, and moved the three distances from the luminous Park, which is located in the 136-ro, Yan-gu, Suwon-si, Suwon-si, Suwon-si, to the breath of the Gyeonggi University.

Since there was a crosswalk on which signal lights were installed in the direction of the course and pedestrians passed the crosswalk, there was a duty of care to prevent the accident by properly examining whether there was pedestrians who immediately enter the crosswalk, and thus, there was a duty of care.

Nevertheless, due to the negligence of bypassing the crosswalk, both sides of the victim E (the age of 76) who entered the crosswalk at the latest after the on-and-off signals were turned back to the front right of the bus.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 16 주간의 치료가 필요한 양측 하지의 다발성 으깸 손 상 등의 중 상해를 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, black stuff images, and diagnostic reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of the execution of punishment under Article 62(1) of the Criminal Act - Circumstances unfavorable to the reasons for sentencing (a favorable consideration of the reasons for sentencing) - Circumstances that are favorable to the extent that the injured party was injured by the instant accident - All the accused are admitted to facts constituting the crime. - The accused does not have any record of having been sentenced to a fine so far. - The injured party does not have any longer punished by the accused. The sentencing is ordered as per the disposition, taking into account all the conditions of the sentencing

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