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(영문) 수원지방법원 안산지원 2019.09.04 2019고단2533
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 one year 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 bus in the case of fishing between B and B.

Around 19:45 on May 26, 2019, the Defendant was driving a bus with a speed of about 30 km at the speed of 30 km from the Myeon to the Myeon on the Myeon road.

In this case, a person engaged in driving service has a duty of care to safely drive by complying with the traffic signal signals.

Nevertheless, even though the traffic signal prior to the entry into the intersection has been changed to a yellow light, the defendant neglected this and received the left-hand turn from the right-hand side of the bus by the victim D(58 years old) who was driven by the victim D(58 years old) due to the negligence of entering the intersection due to the fact that the traffic signal prior to the entry into the intersection was changed to the yellow light.

As a result, the Defendant suffered injury, such as cutting the body body felbs, accompanied by a felball that requires approximately 12 weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The signal system map;

1. A medical certificate;

1. Application of Acts and subordinate statutes to field photographs, accident site photographs, Bblem images images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] and the injury (special-speed person] caused by traffic accident: Where the injured party has a substantial negligence in the occurrence of traffic accidents or the expansion of damage (the scope of recommendation area and recommendation area] mitigated area, and one month through August of a credit cooperative;

3. Determination of sentence: The degree of injury of the victim is serious, and the defendant enters the intersection;

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