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(영문) 청주지방법원 2014.08.22 2014고단436
교통사고처리특례법위반
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 of C urban buses.

On March 24, 2014, the Defendant driven the above bus at around 18:55, and proceeded two lanes in the three-lanes of the 179 U.S. Warsaw in front of the 179 U.S. Warsaw, the Defendant was driving from the water elementary school to the face of the Ministry of Food and Drug Safety.

Since the signal apparatus and crosswalk are installed, the person engaged in driving service has a duty of care to protect pedestrians crossing the crosswalk by temporarily stopping the crosswalk before entering the crosswalk.

Nevertheless, the Defendant neglected to do so and did not avoid the victim D (W, 10 years old) crossing the crosswalk according to the Mad pedestrian signal, and did not go beyond the victim due to the right corner of the city bus.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as “the brain 6th degree on the left side and the brain part 7th degree on the left side,” which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each E statement;

1. Evidence submitted after a victim's mother's opinion is prosecuted (a statement that the victim's state has improved much);

1. Investigation report (related to confirmation of the victim's condition);

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes by cutting down a photograph at the scene of an accident or CCTV screen;

1. Article 3 (1), the 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 concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

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

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

1. Grounds for sentencing: The case where the victim suffers serious injury and the illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious;

(b) a victim;

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