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(영문) 서울동부지방법원 2020.05.06 2020고단291
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 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 bus in the case of fishing between B and B.

On January 17, 2020, the Defendant operated the bus on the first-lane road in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and continued to move back the bus to E-high slope from the D University bank.

Since the place was installed with no signal apparatus, there was a duty of care to temporarily stop in front of the crosswalk in front of the crosswalk and to properly manipulate the steering gear and the brakes in front of the crosswalk, and to prevent the accident in advance.

Nevertheless, the Defendant did not temporarily stop in front of the crosswalk before the right of way, and instead did not look well at the front of the crosswalk, received the victim F (the age of 43) who was standing above the crosswalk from the front part of the above bus, and had the victim go beyond the ground floor.

As a result, the Defendant caused the victim to suffer injury to the upper half of the upper half of the upper half of the 14 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written statement;

1. Blucking images;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as a case that causes an accident that a victim suffers serious injury by negligence in violation of the duty to protect pedestrians in a crosswalk, or a case that the defendant makes efforts not to repeat the crime, or a smooth agreement with the victim);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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