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(영문) 의정부지방법원 2018.06.15 2017고단5344
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the D-registered passenger bus.

On May 1, 2017, the Defendant driven the above bus at the front E-distance Intersection at the time of the government of the city around 13:30 on May 1, 2017, and led to the right-hand bypassing from the 2nd side of the city.

A person engaged in driving service has a duty of care to prevent accidents in advance by driving safely by living well on the front side and the left side.

Nevertheless, the Defendant neglected this and neglected to take part in the above intersection, and neglected the victim F F (7 h) who was a bicycle for pedestrian green signals while driving the crosswalk, and got the bicycle for pedestrian green signals into the right side of the above bus, and suffered serious injury to the victim, such as cutting the left side of the bridge.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs of the accident, photographs of the progress of the bicycle, photographs of the victim's body to treat the victim, accident scene, and vehicle photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Community Service and Order to attend lectures;

1. Degree of negligence of the defendant;

A. First, the place where the instant accident occurred is the crosswalk in the intersection.

The Road Traffic Act provides that drivers of vehicles bypassing along the intersection shall be careful to pedestrians or bicycles that stop or proceed along the crossing (Article 25(1)), and imposes a duty on drivers to temporarily stop in front of the crosswalk (Article 27(1)). In this case, the Defendant did not stop on the crosswalk while passing the crosswalk bypassing the intersection. Rather, the degree of 31 to 40km on the road at a speed of 50km.

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