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(영문) 창원지방법원 2017.03.21 2016고단3909
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 global 900 city bus.

On October 5, 2016, at around 21:15, the Defendant made the turn to the left at the right of the third-lane road in front of the two-lane intersection, which is located in the vice-dong of the Kimhae-si, Kim Jong-si, according to one-lane from the bank of the head of the relevant hospital to the bank of the outflow site.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by checking the signal on the front left and to safely turn to the left, such as checking whether there is a person who gets off the crosswalk according to the pedestrian signals, and checking whether there is a person who gets up the crosswalk according to the pedestrian signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal while the crossing signal is red, and without properly checking whether there is a pedestrian crossinging the road in accordance with the pedestrian signals of the crosswalk, the Defendant received the victim C (A, 65 years old) who was standing on the right side of the bus driving by the Defendant without checking whether there is a pedestrian crossinging the road in accordance with the pedestrian signals of the crosswalk.

In the end, the Defendant suffered damages to the victim due to the above occupational negligence during approximately six weeks of medical treatment, namely, cage cages at cages.

Summary of Evidence

The application of the Act and subordinate statutes to the investigation report on the police statement C by the defendant in the court

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

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

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

1. The basic area (from April to one year) of the type of ordinary traffic accidents, the scope of which is recommended, shall be limited to the scope of punishment;

2. Non-taxation for special mitigation;

3. Where illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on Special Cases concerning the Aggravated Punishment of Specific Aggravation is serious.

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