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(영문) 수원지방법원 성남지원 2014.09.25 2014고단1797
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 22, 2014, at around 15:55, the Defendant driven the city bus, driving the city bus in order to drive the road in front of the crossing of the distance of the village of the village of the city of the city of the Yong-Nam-si, Sungnam-si, while driving the road in front of the crossing of the distance of the village of the Myanmar-gu.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to check whether there is a person walking the crosswalk by reducing the speed of the motor vehicle and by checking well the right-handle, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and did not find out the victim D (n, 18 years of age) who walked on the crosswalk according to the mash-in pedestrian signal as it is, but did not find the victim D (n, 18 years of age) and was on the right side of the bus operated by the Defendant, and had the victim go beyond the floor.

Ultimately, the Defendant caused the victim to suffer injury, such as the mouth of the body body felb, accompanied by a felball, which requires approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Investigation report (in cases of attaching accident images, etc., accompanied by CCTV outputs of buses);

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs, such as field photographs and photographs of injured victims;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant, who violated the duty to protect pedestrians on the crosswalk, caused the victim to suffer serious injury as stated in its reasoning. However, the accident bus mutual aid association is a member of the accident bus mutual aid association, and the victim and the victim have reached this court.

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