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(영문) 제주지방법원 2016.11.30 2016고단2016
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of cross-city buses.

On 10:50 on 30:0 on 30:0 on 10:0 on 2016, the Defendant passed a two-lane road in front of the D in Seogpo City along the right line from the Sungsan to the right line, along which signal lights are installed.

In such cases, the driver of a motor vehicle has a duty of care to check whether there is a motor vehicle traveling along the intersection by reducing speed and checking the front side well, and to prevent accidents by driving safely according to the traffic signal in advance.

Nevertheless, the Defendant neglected this and caused the occupational negligence of proceeding in violation of the signal while the signal was red, and the F.O. 61-year-old driving of the victim E (the 61-year-old driver) who passed the said intersection from the right side of the course to the left side of the said bus to the left side of the said intersection.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a thring of off-standing executives who need approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a actual condition survey report, on-site photographs, and a G statement;

1. A report on internal investigation (with respect to the statements of the driver of a vehicle or a vehicle on board);

1. Report on internal affairs (verification, etc. of black stuffs and images of black stuffs);

1. A report on internal investigation (designation, etc. of a sea disaster vehicle);

1. A medical certificate;

1. Application of E’s statement legislation;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: It shall be decided as per Disposition on the grounds of imprisonment without prison labor or more severe punishment under Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of

The reason for sentencing (within the scope of the recommended sentencing guidelines) is that the basic area of the injury caused by traffic accidents: April-1 favorable to the bus mutual aid association: the circumstances unfavorable to the bus mutual aid association and deposit (1 million won on November 24, 2016): the fact that the driver violated the signal while operating the cell phone immediately before the accident, and the victim did not receive the letter.

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