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(영문) 의정부지방법원 2013.05.14 2013고단718
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

At around 12:47 January 17, 2013, the Defendant is a driver of the city bus. Around 12:47, the Defendant was driving the bus along the central lane of the bus in front of the Guri-si, Siri-si, with a speed of about 40:50 kilometers from the side of the intersection to the speed of about 40:50 kilometers, and in such a case, there is a crosswalk on the front of the direction of the bus, on which a signal, etc. is installed. In such a case, the Defendant driving the bus has a duty of care to check the speed of the bus and prevent the accident in advance by driving the bus, and even if he was negligent in performing the duty of care to check whether there is a person who gets to walk the crosswalk, and to find the victim D (the age of 71) who dried the above crosswalk at the right right side of the bus, and to operate it to the left side of the bus at the speed of 30:00,000 prior to it.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, actual condition investigation report;

1. A road at an accident site;

1. Application of Acts and subordinate statutes on screen pictures by cutting a death certificate, corpse photograph, or image data;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Scope of the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence: The scope of the final sentence recommended by the sentencing guidelines from January to October by imprisonment without prison labor: From February to October by the imprisonment without prison labor; the type of traffic accident resulting from the standards for general traffic accidents among traffic crime groups [no aggravated factors]: No aggravated factors: A person who is not subject to punishment or the victim is negligent in the occurrence of a traffic accident or the expansion of damage.

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