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(영문) 서울북부지방법원 2020.04.09 2019고단5076
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 business of driving bus C in the state of Category B (State).

On October 16, 2019, the Defendant driven the above bus vehicles around 18:48 on October 16, 2019, and led the 700 Dobong-ro, Dobong-gu, Seoul to proceed along the speed of the city at an unspeed speed, depending on the central road of the bus from the area of school affairs to the area of the new service distance.

The above intersection had a duty of care to drive safely according to the traffic signal as a person engaged in driving of a motor vehicle to a place where signal, etc. is installed.

Nevertheless, even though the Defendant neglected this and used a red signal for the moving direction of the vehicle, the Defendant did not temporarily stop in the intersection and did not stop in the intersection, and did not go beyond the intersection, and the FUH200A car driven by the victim E (the age of 41) who is to turn to the left and left to the left at the right side of the same moving direction as the bus vehicle after stopping the signal at the right side of the same moving direction.

As a result, the Defendant suffered from each injury, such as the mouth, closure, etc. of the left-hand pelvis, which requires approximately seven weeks of treatment due to such occupational negligence, to the victim G (V, 40 years of age) who is a passenger with the same wheels vehicle, for about three weeks of treatment.

Summary of Evidence

1. A written investigation into the actual state of the defendant's legal statement;

1. A written statement of G and E;

1. Application of Acts and subordinate statutes to each written diagnosis report (CCTV image survey);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor for the selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant was an elderly person, and there is no traffic offense and traffic accident caused after obtaining the driver's license in 192, and the victims and criminal agreements have been reached.

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