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(영문) 인천지방법원 2017.05.10 2017고단273
교통사고처리특례법위반(치상)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C urban buses.

On October 11, 2016, the Defendant driven a bus at around 06:42, and proceeded along a five-lane distance from the parallel parallel of Bupyeong-gu, Bupyeong-gu, Incheon, 189 to the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel.

At all times, a crosswalk is installed in the direction of the right-way direction, so there was a duty of care to check whether the defendant engaged in driving service is a person who gets on the right-hand side and the right-hand side well and to safely proceed.

Nevertheless, the Defendant neglected this and continued to proceed to the right-hand side of the bus, but did not find out the victim D (W, 51 years old) who opened the crosswalk from the right-hand side of the course to the left-hand side of the bus in accordance with the pedestrian signals, and had the victim go beyond the road by shocking the body of the victim's body in front of the bus driven by the Defendant. The Defendant continued to receive the front-hand side of the victim's left-hand side as the front-hand side of the bus.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down the body of the left-hand side, which requires approximately six weeks of treatment.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Suspension of sentence;

(a) Penalty fine of KRW 4,000,000 to be suspended;

(b) Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse;

C. The reason for sentencing under Article 59(1) of the Criminal Act (in light of the favorable circumstances in light of the following sentencing reasons, the Defendant is able to take a right before and after the beginning of the sentence), while bypassing from the distance.

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