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(영문) 수원지방법원 성남지원 2012.10.30 2012고단1377
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On May 2, 2012, at around 17:45, the Defendant: (a) operated a city bus at the intersection of the OCI Central Research Institute, which is located in 358-11-2, Seongbuk-gu, Sungnam-si, the other party of the said bus, and proceeded along the two-lanes of the above two-lanes of the two-lanes of the road, and was negligent in neglecting the duty of Jeonju City in front of the above bus at a speed of about 10 kilometers of Si speed as the textbook for the above two-lanes of the two-lanes of the road; (b) caused the victim D (n, 26 years of age) crossing the road to the right side of the road to the right side of the road according to the pedestrian signals of the above bus at the right side of the road; and (c) caused the victim to close the road at about six months, 1, 2, 3, 4, 5, and 5.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and statements on the occurrence of traffic accidents (D);

1. The application of statutes to each written opinion, each written diagnosis, written opinion, and criminal investigation report;

1. 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 concerning Criminal Facts, Article 268 of the Criminal Act;

1. Grounds for sentencing of selective imprisonment without prison labor;

1. Application of the sentencing criteria;

(a) Determination of type: 01 ordinary traffic accidents and injury by type I traffic accidents;

(b) A special person: Where a serious injury has occurred (aggravating factors);

(c) Scope of recommendations: 8 months to 1 year and 6 months without prison labor in the field of increase; and

2. The victim to whom the sentence is to be pronounced suffers a serious injury that is wholly cut off the right edge of the instant accident, and that is partially cut off.

The victim was the victim who had a pedestrian signal cut on the right side, and there is no negligence in the occurrence of the accident.

The defendant's fault that the defendant did not stop immediately after he shocked the victim (see, e.g., evidence records No. 16, see the stop location of the bus).

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