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(영문) 수원지방법원 2013.11.26 2013고단2365
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 driving a BH120 chartered bus.

On January 21, 2013, the Defendant driven the above bus at around 21:05, and tried to circumvent the intersection distance in front of the luminous industrial company located in the front of the Osan city due to the operation of the bus from the boundary of the registry office to the right-hand surface of the fire-fighting and the right-on road of the dynamics located in the eule Eup in the eulbbbane at the time of the egraculation to the right-hand surface from the eg

Since a crosswalk is installed, in such cases, the driver has a duty of care to check whether there is a person to walk the crosswalk, and to safely drive the crosswalk to prevent accidents.

Nevertheless, the Defendant neglected this and caused the injury to the left-hand bridge of the victim C and the left-hand bridge part of the victim D's above-hand bridge due to the negligence of bypassing the crosswalk, and the injury to the left-hand bridge, etc. requiring about 10 weeks' treatment to the victim C, and the injury to the victim D, etc. requiring about 4 weeks' treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each written diagnosis;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the fact that Defendant's driver bus is subscribed to the Financial Cooperative and the victims' injury is not less than that provided for in Article 51 of the Criminal Act, shall be determined by taking into consideration the matters prescribed in Article 51 of the Criminal Act

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