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(영문) 서울중앙지방법원 2014.05.16 2013고단7960
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving buses C.

On October 3, 2013, around 19:30 on October 3, 2013, the Defendant came to make a left-hand turn at the right-hand distance from the Hancheon-ro, Seongbuk-gu Seoul, Hancheon-ro, 526.

At the time, it was difficult to have a road at night, and there is a crosswalk where pedestrian signal, etc. is installed, so a person engaged in driving service has a duty of care to prevent accidents by safely driving by checking the front side and the left and right side well.

Nevertheless, the Defendant neglected to turn to the left without neglecting it and received the victim D (the age of 58) who has dried the crosswalk from the left side of the bus driving direction to the right side of the road, according to the pedestrian signals, in front of the bus.

Ultimately, the Defendant suffered injury to the victim, i.e., two external blood transfusions that require approximately eight weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation (the degree of injury of a victim and agreement);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of circumstances, such as the fact that he/she is repenting, the fact that he/she has no criminal record of imprisonment without labor or heavier punishment, the fact that he/she has subscribed to a comprehensive motor vehicle insurance

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