logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.10.11 2018고단3839
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 the operation of C New Zealand bus.

On May 11, 2018, the Defendant driven the above bus around 16:03, and became to the left left at the right angle of both sides from the evade of the original apartment at the time of harmony.

Since there are signals and crosswalks, in such cases, there was a duty of care to safely drive the driver according to the new code and to check whether there is a person who gets on the way to safely drive the driver according to his/her own name, and to check whether there is a person who gets on the front side and right side.

Nevertheless, the defendant neglected this and neglected to turn to the left and neglected to turn to the left, and caused the victim D (the 8 years old) to go on the way by using the crosswalk in accordance with the pedestrian signals at the front side of the bus at the front side of the signal crossing, and caused the victim to go beyond the floor by taking the victim D (the 8 years old) in front of the left side of the bus.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence in light of the light that requires approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report and a criminal investigation report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] General traffic accident: Case where the illegality of the proviso of Article 3(2) of the Act on Special Cases concerning the Education is serious (the case where two or more proviso are applicable) (the case where the defendant who is a bus engineer violates the signal and violates the duty to protect pedestrians at crosswalks.

arrow