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(영문) 수원지방법원 성남지원 2014.04.03 2014고단201
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 21, 2013, the Defendant driven a metropolitan bus around 10:55 on December 21, 2013, and moved to the right bypass of the C metropolitan bus at about 10 km in the speed of Si, depending on three lanes from the west village of So-gu, the intersection in front of the KTT main company in the GT-gu, Sungnam-si, Sungnam-si.

Since the place has a crosswalk where a signal, etc. is installed, in such cases, the driver of the vehicle has a duty of care to check whether there is a person to walk the crosswalk by reducing speed and by properly examining the right and the right of the driver of the vehicle, and to safely drive the crosswalk in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and caused the victim D (10 years of age) who dried the crosswalk in accordance with the pedestrian signals to go beyond the ground, and tried to turn the victim's left side of the bridge toward the front side of the bus.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the opening of the left-hand part of the entrance, which requires treatment for about 20 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1) and a traffic accident report;

1. A medical certificate;

1. Application of reference video CD-related Acts and subordinate statutes

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, and Article 2

1. The reason for sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (hereinafter referred to as “conscising sentence”), is that the victim, who is aged, suffered serious injury requiring at least 20 weeks of treatment, and that it appears that the remaining disability will occur even after the treatment is closed, and there are unfavorable circumstances to the defendant. However, on the other hand, the defendant does not want the victim to be punished by mutual consent with the victim, the vehicle of this case is being admitted to mutual aid association, and minor.

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