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(영문) 서울북부지방법원 2018.12.06 2018고단3904
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a new bus C.

On May 31, 2018, the Defendant driven the above bus around 13:12, and proceeded with the first lane of the third-lane road at the front of Dongdaemun-gu Seoul Metropolitan Government D, in the direction of the access road to the said main road from the heading underground road.

In this case, the driver of the vehicle has a duty of care to safely proceed in the direction of the safety marking, since there is a sign on the surface of no access to the same main road and a sign.

Nevertheless, the Defendant neglected to do so and entered the access road to the above-mentioned main road, and received the victim E (the remaining and 72 years old) who has boarded a bicycle and cross the crosswalk at the crosswalks located there, from the front part of the bus driving by the Defendant.

Ultimately, the Defendant suffered injury due to the above occupational negligence, i.e., an injury to the victim, i.e., an external wound-free wound-free wound-free wound-free wound, an external wound-free wound-free wound-free wound-free wound-free wound, and a fall in the function of brain sewage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual investigation report on traffic accidents;

1. Medical certificates and opinions;

1. Application of the Acts and subordinate statutes on black stuffs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant attempted to enter the same main road as the same main road in violation of the prohibition of entry, and caused a traffic accident by neglecting his/her duty of prior presentation, and accordingly, the injured person was injured and failed to recover the consciousness until now.

It is inevitable to choose a sentence of imprisonment without prison labor for the accused.

Provided, That the defendant has no specific criminal history, and is admitted to the mutual aid association of chartered bus transportation business associations.

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