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(영문) 의정부지방법원 2020.05.20 2019고단5852
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 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 bus B.

On October 26, 2019, the Defendant driven the above bus at around 13:20 on October 26, 2019, and moved the two-lanes from the D apartment to the E-high speed of about 20km in speed.

Since there is a crosswalk where a signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to ensure that the person engaged in driving of the motor vehicle has a duty of care to check whether there is a person who gets on a way by reducing speed and stopping well, and to safely drive the motor vehicle to prevent the accident by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and did not find out the victim F (84 years old) in accordance with the pedestrian signals from the right side of the right side of the road, and did not find out the victim F (84 years old). The Defendant got the left side of the bus operated by the Defendant into the front part of the bus operated by the Defendant, which caused the victim to face on the floor from the right side of the bus.

As a result, the Defendant suffered injury to the same victim by negligence in the above business, such as revolving the right shoulder, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition of traffic accidents;

1. Traffic signal cycle chart;

1. Application of Acts and subordinate statutes of a medical certificate;

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 concerning Criminal Facts, and Article 268 of the Criminal Act;

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

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic accidents: General traffic accidents [Type 1] and the injury [Special Sentencing] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, imprisonment without prison labor for one month through eight months;

2. Determination of sentence: Six months; and

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