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(영문) 부산지방법원 2020.07.23 2020고단2336
교통사고처리특례법위반(치상)
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 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 D urban bus belonging to C Company B.

On November 28, 2019, the Defendant driven a bus at a speed of 18:55 on November 28, 2019, and driven the intersection of four-lanes in the vicinity of the F Hospital in Busan East-gu E from the intersection of the intersection to the intersection of the bus-only one lane, which is an exclusive bus road, from the intersection of the intersection to the intersection of the intersection of the city.

Since there is an intersection where signal lights are installed at the front door, there was a duty of care to prevent accidents by accurately operating the steering system and the steering system with the steering system and operating it safely by observing signal to the person engaged in bus driving in such a case.

Nevertheless, the defendant neglected this and caused the victim H (the south and the age of 63) (the age of 63) who was on board the bus in order to avoid a collision with the G car on the name unclaimed in the name and left turn at two-lanes of the same proceeding as the defendant who violated the signal by leaving the signal as it is, thereby making it difficult for the victim H (the age of 63) to take the hand on the right hand of the bus in order to avoid the collision with the G car on the name unclaimed in the same way as the defendant who violated the signal.

After all, the Defendant suffered injury to the victim, such as revolving the right shoulder, which requires approximately seven weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. H's statement of traffic accident;

1. A traffic accident report, a blackbox image CD;

1. Application of Acts and subordinate statutes to hospitalization certificates and diagnostic certificates;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be the injury of traffic accidents in general traffic accidents.

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