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(영문) 의정부지방법원 2014.08.19 2014고단1859
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 of the final judgment.

Reasons

Punishment of the crime

On April 10, 2014, the Defendant is a driver of the Cpocheon-si bus, and operated the city bus around 13:40 on April 10, 2014, and led to the intersection of the three-distance crossings in front of the entrance of the Bacheon-si apartment site in the Bacheon-si, Bacheon-do, to the intersections of the cross-city bus terminals from the area of the Tae-kan Elementary School.

Since the intersection has a crosswalk where pedestrian signal, etc. is installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by examining whether there is a pedestrian who has a way in the crosswalk.

However, the Defendant neglected the above duty of care and caused the victim D (the age of 20) who walked the crosswalk pursuant to the pedestrian signals to go over the road by taking the victim D (the age of 20) as the front part of the city bus as the front part of the bus, and went beyond the wheels of the city bus to the right side of the city bus.

The Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral alky, in detail as to which medical treatment for about eight weeks is required.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs by taking a survey report on the actual condition, a site photograph of an accident, or a visual image run;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the order to attend a lecture [decision of type] for general traffic accident [Article 62-2 of the Order to Attend a lecture] - The elements for mitigation of punishment (the victim and the victim): Violation of signal, crosswalk [decision of the recommended field] Basic field [Article 62-2] from April to October [Article 62-2 of the Criminal Act [Article 62-2 of the Order to Attend a lecture] - Subscription to comprehensive motor vehicle insurance, serious reflects [Article 62-2 of the Order to Attend a lecture] - The reason for positive consideration is clear of social relation, serious reflects, defendant's detention entails excessive difficulty to his dependants, and comprehensive motor vehicle insurance.

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