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(영문) 서울중앙지방법원 2014.11.05 2014고단6833
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 buses C.

On June 30, 2014, the Defendant driven the above bus around 17:30 on June 30, 2014, while driving the front road of Dongjak-gu Seoul Metropolitan Government D along the one-lane which is the central bus exclusive road, and driving the front road of the Dongjak-gu Seoul Metropolitan Government into the large Tri-distance bank.

Since there is a place where the center line of yellow-ray was installed, in such a case, there was a duty of care to live the front door to the person engaged in driving of the motor vehicle, and to safely drive the motor vehicle in a safe manner.

Nevertheless, the defendant did not discover the victim E (15 years old) who crosses the road from the right side to the left side in order to overtake a bus which was temporarily stopped at the bus stop in order to let the passengers get off the bus at the right side of the bus stop, and did not discover the victim E (15 years old) who crosses the road from the center to the right side of the bus operated by the defendant.

As a result, the Defendant suffered from an injury to the victim, such as flag blood transfusion, which requires six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of CCTV image photograph Acts and subordinate statutes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the circumstances, such as the violation of one's own misconduct, the fact that damage recovery seems to be considerably achieved due to being admitted to the mutual aid association, the fact that there is no record of punishment for the same kind of crime, and the fact that there is an error of unauthorized crossinging

1. Social service order under Article 62-2 of the Criminal Act;

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