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(영문) 서울북부지방법원 2015.10.01 2015고단1978
교통사고처리특례법위반
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 the operation of urban buses C.

On March 25, 2015, the Defendant driven the above city bus around 09:35, and got two lanes from the three-lanes in front of Dongdaemun-gu Seoul Metropolitan Government D to about 30 km in the direction of Simm of Simd rice, rice, and rice.

Since there is a crosswalk in which a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the road, and to prevent the accident in advance by driving safely in accordance with the new subparagraph.

Nevertheless, the defendant neglected this and tried to find out the victim F (the age of 45) of the victim who was driving on the crosswalk from the right side of the defendant's moving the crosswalk to the left side of the ECA 100E in accordance with pedestrian signals by negligence, disregarding that the vehicle's progress signal is changed to the stop signal, and found it late from the victim F (the age of 45) who was driving on the crosswalk from the right side of the defendant's moving to the stop signal, but did not avoid it, but did not avoid it and got the victim go beyond the road.

Ultimately, the Defendant suffered from a serious injury on the part of the victim due to the above occupational negligence during about 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. A written opinion and a medical certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) 1 and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts; Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences by law: Imprisonment without prison labor for not more than five years;

2. The range of recommendations on the sentencing criteria (the range of recommendations) shall be the type one of general traffic accidents.

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