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(영문) 청주지방법원 2013.12.13 2013고단1260
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus with C 45 passenger buses.

On June 17, 2013, the Defendant driven the above vans on the 20:32, the Defendant proceeded along the five-lanes in front of the modern department stores located in the Heung-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-do along five-lanes in the direction of the Soak field distance, while moving down to the above department department direction.

Since there is a pedestrian crossing installed, the defendant engaged in driving service has a duty of care to check whether there is a pedestrian crossing by temporarily stopping the road before entering the crosswalk.

Nevertheless, the Defendant neglected this and did not find out the victim D (the 28 years old) to the left side from the right side of the driving direction of the motor vehicle in the course of the marina as it is, but instead, did not find out the victim D (the 28 years old) and got the victim to go beyond the surface on the right side of the defendant's seat.

As a result, the Defendant suffered injury to the victim, such as “ad hoc pressure pressure for prosecution first in summary,” which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act under the suspended execution include the fact that the defendant is led to a crime, that the harming vehicle is admitted to the Korea Bus Mutual Aid Association, that it deposited three million won for the victim, etc., and that the victim caused the instant traffic accident, which is disadvantageous to the victim, such as the injury requiring medical treatment for 12 weeks, and that the damage was serious, and that the damage was not agreed with the victim, and other unfavorable circumstances and other defendants' age, character and behavior, environment, circumstances of the crime, and circumstances after the crime.

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