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(영문) 서울북부지방법원 2019.01.24 2018고단4457
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 the urban bus driving service in the New Daily.

On September 4, 2018, the Defendant driven the above bus on September 13:35, 2018, and driven the two-lane road in the Seoul Dongdaemun-gu Seoul Metropolitan Government Seoul Dongdaemun-do at the intersection of D middle school through the intersection of D middle school in two-lanes.

At the same time, there was an intersection where signal apparatus was installed, so in such a case, the person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and caused the driver's license of the victim E (the 40-year-old driver's license) who has changed the course from the front side of the defendant to the two-lane due to the negligence of driving the vehicle in violation of the vehicle stop signal.

As a result, the Defendant suffered injury to the victim by negligence in the above business, such as a pelvisor who is in need of approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes for report on internal investigation (verification of Track)

1. Article 3 (1) and the proviso of Article 3 (2) and (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 1 (Death resulting from Traffic Accidents) (No person in charge of traffic accidents) [Decision of a special sentencing] [Decision of a sentence] of the basic area (No person in charge of traffic accidents] [Judgment of a sentence] of the defendant's violation of signal. The defendant has the same criminal record as the defendant, and the defendant did not have an agreement with the victim and did not receive a letter.

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