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(영문) 의정부지방법원 고양지원 2019.10.30 2019고단1774
교통사고처리특례법위반(치상)
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 who is engaged in driving route C buses in New Airport in B.

On March 26, 2019, the Defendant driven the above bus on March 15:25, 2019, and continued to drive it bypassing the private distance of the river village 1388 to D schools from the shooting distance of the New Fladon Building in the ancient city.

Since there is an intersection where a signal, etc. is installed, the driver had a duty of care to live well on the right and the right and the right of the driver and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected to do so and proceeded by by neglecting the red stop signal while driving on the right side of green proceeding from the Dschool to the lake park exclusive road, and the victim got out of the floor by taking the left side part of the victim E (the 91-year old bicycle driving) driving from the front part of the bus to the front part of the bus.

As a result, the Defendant suffered from serious injury to the victim due to the occupational negligence as above, due to the injury that the victim was unable to receive treatment days, due to the absence of two openings.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. On-site photographs;

1. Blue vehicle booms and caps photographs;

1. Application of Acts and subordinate statutes to medical certificates, opinions on serious injury, and investigation reports (the victim's current health status verification report);

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be the ordinary traffic accident [the category 1] caused by traffic accident (the person specially punished].

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