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(영문) 의정부지방법원 2014.08.22 2014고단1687
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

On April 6, 2014, the Defendant driven C Bus at around 16:05, and proceeded with the roads in front of the Dong branch office in the Dong branch office at the Myeon of the Dong branch office from the Dong branch office to the Myeon of the elementary school in the Seoyang-do, Seoyang-do.

At the same time, there is an intersection where signal lights are installed, so in this case, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing the speed and checking well the right and the right and the right of the road, and to safely drive the motor vehicle in accordance with the signals.

Nevertheless, despite the fact that the defendant neglected this and the vehicle progress signal is changed to a stop signal, he is straighten in violation of the signal.

At the same time, the front of the bicycle of the victim D (Nam, 37 years old) who was holding the intersection from the right side to the left side of the bus of the defendant was shocked into the right side of the bus of the defendant.

The Defendant suffered injury to the victim due to the above occupational negligence, such as the escape of the left-hand sponsor and diversified sponsor, which require approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act (Consideration to the following favorable circumstances, etc.):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents in Type 1 (Special Mitigation: April-10) (Special Mitigation) (including efforts to recover damage), punishment not (including serious effort to recover damage), or serious injury (Type 1) (Article 62-2 of the Criminal Act), and Article 59 of the Act on the Punishment, etc. of Probation, etc.)

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