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(영문) 서울북부지방법원 2015.06.25 2015고단1145
교통사고처리특례법위반
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 driving service of a bus No. B 273 belonging to a bus.

On February 21, 2015, the Defendant driven the above bus on February 21, 2015, and moved the three-lanes in front of the exit of the 116 Bomun-ro, Seongbuk-gu, Seoul, to the direction of the Seongbuk-gu, 3-lanes in front of the exit of the 116 Bolla Hospital.

Since there are crosswalks on the front side, there was a duty of care to prevent accidents in advance by driving safely by checking whether a person engaged in driving a motor vehicle is a person to reduce speed and to see well the front side.

Nevertheless, the defendant neglected this and tried to find out the victim C (or 76 years of age) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals due to the negligence of proceeding. However, the defendant did not avoid it, but did not go beyond the ground by receiving the victim from the front side of the bus of the defendant.

Accordingly, the Defendant suffered injury to the victim, such as pressure pressure 1, which requires approximately three months of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of each statute on photographs;

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 and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act / [Sentencing Criteria] The area to be mitigated from the area to be mitigated from the area to be mitigated from the category 1 of general traffic accidents (the injury caused by traffic accidents) (including a serious effort to recover from the damage) / [Pronouncement Decision] The case is serious to the extent of damage of the victim due to the shock of the victim who was the victim who was the victim by the pedestrian signals, but the defendant is against the mistake, and the bus mutual aid association is admitted.

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