logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.07.25 2019고단1952
교통사고처리특례법위반(치상)
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

Punishment of the crime

The defendant is a person who is engaged in driving a 29-line bus B.

On February 13, 2019, the Defendant driven the above bus at around 16:30 on February 13, 2019, and turned to the left in the direction D-distance intersection in front of the Fri-gu, Busan.

Since there are crosswalks where signal lights are installed, the driver has a duty of care to see whether there is a person who is engaged in driving service, and to drive safely according to the new code.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the right side of the left side of the Defendant’s proceeding direction and received the victim E (the 78 years old) who dried the crosswalk in accordance with the pedestrian signals from the left side of the Defendant’s proceeding direction as the front part of the bus in front of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as the return of the frame that requires approximately 11 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A survey report on actual conditions and a report on internal investigation;

1. A written statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a medical certificate and a medical statement;

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

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

1. Application of the sentencing criteria [Scope of Recommendation] General traffic accident: Type 1 (Bodily Injury resulting from Traffic Accidents) (one to eight months) (including specially mitigated persons), the area of mitigation (including serious efforts to recover damage);

2. A bus shall be operated by a defendant who is sentenced to sentence, disregarding the signal on a crosswalk;

Although the accident is paid, and the degree of injury of the victim of the traffic accident cannot be considered to be less severe, the defendant has led to all of the crimes.

arrow