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(영문) 서울남부지방법원 2019.10.17 2019고단3526
교통사고처리특례법위반(치상)
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 the city bus B.

On June 22, 2019, the Defendant driven the above bus around 09:05, and moved to the right bypass from the 2nd bank of the Jinsan Hospital distance, which is located in 105, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the National Assembly of the Republic of Korea.

Since the location is the intersection where signal lights and crosswalks are installed, in such cases, the person engaged in the driving duty has a duty of care to thoroughly operate the front-time and safely drive according to the traffic signals.

Nevertheless, in violation of the signal, the Defendant got the victim's bicycle left side of the victim C (the 34 years old) who was walking a bicycle along the crosswalk in front of the direction of the traffic along the pedestrian signal by negligence of entering the red signal at the intersection, and caused the victim to go beyond the road, by taking the front part of the said bus.

As a result, the Defendant suffered injury to the victim, such as the Montreal test that requires treatment for about nine weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement (C);

1. Application of Acts and subordinate statutes to the traffic accident investigation report and diagnosis report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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