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(영문) 서울북부지방법원 2015.12.08 2015고단2898
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 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 a K3 car.

On January 17, 2015, the Defendant driven the above vehicle at around 05:31, and driven the front road of the “D” located in Seoul Jung-gu Seoul Metropolitan Government C along the two-lanes of the two-lanes from the upper service distance to the middle ditch intersection.

At all times, the crosswalk was installed on the front door, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the front door to the person engaged in driving service, and by accurately manipulating the steering gear, steering gear, brake system, etc.

Nevertheless, the defendant neglected this and got the victim E (the age of 68) who passed the above crosswalk on the right side from the pedestrian red signal to the left side of the pedestrian color signal, and got the victim E (the age of 68) to go beyond the road.

As a result, the Defendant caused the victim to suffer bodily injury, such as fluoral friend, which could not be known during the treatment period, due to the above occupational negligence, and caused the cerebral cerebral letion of the malab.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report (1) (2) (actual survey report);

1. Each investigation report (as of January 17, 2015, January 19, 2015, and July 22, 2015);

1. Each medical certificate and each disability medical certificate;

1. Application of the Acts and subordinate statutes related to buses and CCTV photographs of charging stations;

1. Article 3 (1) and the proviso to Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, 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 on orders to provide community service and attend lectures;

1. In the case of traffic accidents, the basic area (from April to October) (special sentencing) (in the case of persons injured by traffic accidents) (in the case of persons injured by traffic accidents) within the scope of advisory sentence - Where there is substantial negligence on the occurrence of traffic accidents or the expansion of damage even for the victims - Where serious injury has occurred (type 1);

2. Determination of sentence;

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