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(영문) 의정부지방법원 고양지원 2019.07.10 2019고단1252
교통사고처리특례법위반(치상)
Text

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

except that 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 a metropolitan bus B route C.

On April 24, 2019, the Defendant driven the above bus on April 24, 2019, and turned to the left at the speed of D in the front of D in the Priju City, along the two-lanes between E and E elementary schools.

Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in driving service to drive safely in accordance with good faith.

Nevertheless, the defendant neglected this and caused the victim G (the age of 15) who opened the road in accordance with the pedestrian signals at the crosswalk installed on the left side of the defendant's proceeding direction due to the negligence of left-hand turn, and caused the victim G (the age of 47) who opened the road in front of the bus to go beyond the upper part of the bus.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim F, such as an injury to the victim F, a wound-free propoppy, etc., which had no one in two open for six weeks of medical treatment, and injury to the victim G, such as sugar having no one in two open for two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Aggravation of the recommended punishment according to the sentencing guidelines [the determination of types of traffic crimes] The ordinary traffic accident [the category 1] aggravated factors of traffic accident (the special sentencing person]: Case where illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or is serious.

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