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(영문) 수원지방법원 2015.09.03 2015고단2919
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving village buses B.

On May 20, 2015, the Defendant driven the above village bus on May 15:45, 2015, and came to go straight from Suwon University, which was 501-4, at the same time, to the parallel point.

Since there is a long distance crossing where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the front door and the left and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with signals.

Nevertheless, the Defendant neglected this and went to the right side of the village bus according to the green signal by the negligence of entering the red signal at the intersection, and the front side of the village bus, which is going to the right side of the village bus according to the green signal, was taken into the front side of the village bus, and the village bus became to the right side due to the shock.

Ultimately, the Defendant inflicted an injury on the victims D (the 54-year-old driver) who is a driver of a rocketing car due to the above occupational negligence, as indicated in the attached list of crimes, including causing a scarcity that requires approximately two weeks of treatment, and inflicted an injury on 28 victims, who are victims D and village bus passengers, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E, F, G, H, and I according to the sentencing guidelines [the scope of recommendations] Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims who have no basic area (4 to 10 months) (special form of punishment) (4 to 10 months) of the first category of general traffic accident (the scope of recommendations) and each violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against other victims [the scope of recommendations] shall be the first category of general traffic accident.

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