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(영문) 인천지방법원 2018.11.14 2018고단5401
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving a village bus B.

On February 18, 2018, the Defendant driven the above village bus around 14:00, and led to U.S. U.S. U.S. U.S. U.S. U.S. U.S. U.S. U.S. U.S. U.S. U.S. U.S. U.V.

Since there is a crosswalk where a signal, etc. has not been installed, there was a duty of care to safely drive a motor vehicle by checking whether there is a person who is engaged in driving the motor vehicle as well as the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and continued to set back the left-hand bridge of the victim as the right-hand side of the bus after the Defendant got out of the road without avoiding the victim G (V, 79 years old) who walked along the above-mentioned crosswalk due to his negligence, and due to the shock of the damaged party on the left-hand side of the bus.

As a result, the Defendant suffered injury to the victim, such as 14 weeks of medical treatment due to such occupational negligence, cutting of the trauma on a bridge that requires approximately fourteen weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a report on the inspection of the actual condition, and a photograph to caps;

1. A report on investigation (the details of an accident), a report on investigation (on-site investigation) and a report on investigation (the failure to protect pedestrians);

1. Application of the Acts and subordinate statutes to a medical certificate and a report on investigation (serious injury);

1. Article 3(1) and the proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, the circumstances below the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and method of the instant crime, circumstances after the instant crime was committed, and other conditions of sentencing as indicated in the process of trial, shall be comprehensively considered in determining the same sentence as the order.

The accident of this case is a victim's bridge where the defendant, who is engaged in the operation of village bus, is walking along the crosswalk where the signal, etc. is not installed.

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