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(영문) 부산지방법원 2018.10.17 2018고단3752
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of urban buses No. B 100.

On June 11, 2018, the Defendant driven the above bus around 11:17, and continued the way of the central bus in front of the D Hospital located in Busan East-gu C from the intersection to the intersection of the intersection.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and failed to stop on the stop line without stopping it, and due to the negligence of proceeding on the left side of the Defendant’s running direction, received the front side of the city bus’s bus’s passage from the right side to the left side of the victim E (50).

Ultimately, the Defendant suffered approximately 32 weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The E traffic accident statement;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation, a written statement of intent;

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [Scope of Recommendation] The following shall be taken into account: (a) in the case of an injury in the area of special aggravation (eight months to three years); (b) in the case of an injury in the area of special aggravation (any person subject to special aggravation) (i) (excluding subparagraph 1); (c) in the case of two or more grounds for two or more political parties among the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the School; (d) in the case of joining a comprehensive bus mutual aid agreement; (e) the victim's children are subscribed to a comprehensive bus; (e) the victim's injury is serious

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