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(영문) 의정부지방법원 2016.06.10 2016고단335
교통사고처리특례법위반
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 the operation of urban buses C.

On November 29, 2015, the Defendant driven the above vehicle around 17:20 on the 29th day of the 2015, and proceeded at a speed of about 40 km from the two lanes towards the two-lanes in front of the E hotel in Dongcheon-si, Gyeonggi-do.

At the time, signal lights and crosswalks are installed at night and at the front, so in such cases, it was confirmed whether a person engaged in driving service has a duty of care to safely drive in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and neglected to change the front signal to a stop signal, and caused the Defendant’s failure to proceed as it was in violation of the signal, and caused the Victim F (the age 53) on the left side of the direction of the Defendant’s driving, which opened the crosswalk in accordance with the pedestrian signals, to the front part of the bus.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, such as blood transfusion, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs and accident scene maps;

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

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommended punishment] In the case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment of Traffic Accidents of Type 1 (Bodily Injury by Traffic Accidents between August and January 6) is serious (the special aggravation of punishment] [the decision of sentence] imprisonment without prison labor for 8 months, suspension of execution for 2 years, community service and 120 hours, and lecture attendance order for 40 hours disadvantageous to the defendant in violation of the signal, the crosswalk was cut down by negligence by the defendant.

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