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(영문) 서울남부지방법원 2017.10.26 2017고단4313
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 bus B.

On August 2, 2017, the Defendant operated the above bus around 19:06, and entered a three-lane of the D shopping center crossing in Yeongdeungpo-gu Seoul Metropolitan Government, in order to turn off to the space of the sexual village church, from the 3-lane intersection of the D shopping center crossing in Yeongdeungpo-gu Seoul Metropolitan Government.

At the time, there is a crosswalk where a signal, etc. is installed, so it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who gets on a way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, by neglecting this, the Defendant received the victim E (M, 76 years old) who was standing on the right side of the bus with pedestrian signals from the right side of the bus operated by the Defendant, by neglecting and continuing the vehicle driving signal even though it was a stop signal, and received the victim E (M, 76 years old) who was standing on the right side of the bus.

As a result, the Defendant suffered injury to the victim, such as pressure duplicating 12 weeks in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (4-1-1-year) (special mitigation (including efforts to recover damage) / Cases where illegality is serious in the proviso of Article 3(2) (excluding subparagraph 8) of the Act, or in cases of bad driving (excluding sentence decision], 8 months of imprisonment without prison labor, 2 years of suspended sentence, and 80 hours of community service order had the history of traffic accident.

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