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(영문) 수원지방법원 2017.10.17 2017고단4674
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus B.

On May 24, 2017, the Defendant driven B buses around 15:03, and proceeded at a speed that would not be known to the luminous distance on the side of the World Cup stadium, depending on five lanes in front of the three-lane distance in the small and medium enterprise support center located in the Dong in the Dong of the Dong of the Suwon-si, Suwon-si.

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, by neglecting this, the Defendant neglected to find out the victim C (at the age of 63) crossing the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals by negligence, disregarding that the road driving signal is changed to the stop signal, and found it late to avoid this. However, the Defendant failed to avoid it, and caused the victim to go beyond the ground by taking the part of the victim's left shoulder back to the front side of the bus.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebral le, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition (1) and a survey report on actual condition (2);

1. On-site evidence photographs and black stuff images;

1. The signal cycle tag;

1. Application of Acts and subordinate statutes of a medical certificate;

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, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Scope of the recommended sentence according to the sentencing guidelines [the type of determination] traffic crimes, general traffic accidents, type 1 (Bodily Injury resulting from traffic accidents) (Special Sentencing) mitigated factors - the aggravated aggravated factors of punishment - traffic accidents.

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