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(영문) 서울남부지방법원 2019.06.20 2019고단2238
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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

On April 8, 2019, the Defendant, who is engaged in the operation of Lone Star Co., Ltd., was driving the said bus around 13:40 on April 8, 2019, and transferred the roads near Yeongdeungpo-gu Seoul Metropolitan Government to large children’s park bypassing the roads near Yeongdeungpo-gu Seoul Metropolitan City to large children’s park.

Since there is a crosswalk installed, there was a duty of care to prevent conflict with pedestrians, such as taking a well-round around the driver and temporarily suspending the driver.

Nevertheless, the Defendant neglected the above duty of care and continued to make a right-hand bypass, and had the victim D (the 69-year-old age) who dried the crosswalks around the above knife.

As a result, the defendant suffered injury to the victim due to negligence in the course of his duties, such as a dynasium which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of victims in connection with the preparation of D;

1. The actual condition survey report;

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

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

1. Selection of alternative imprisonment without prison labor;

1. According to Article 62(1) of the Criminal Act of the Suspension of Execution, all the sentencing conditions indicated in the pleadings of the instant case, such as the injury caused by traffic accident on the grounds of sentencing, the degree of illegality of Defendant’s negligence related to the accident, the parts and degree of injury, the agreement (automobile comprehensive insurance) and initial crimes, and reflectability, etc., shall be taken into consideration.

It is so decided as per Disposition for the above reasons.

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