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(영문) 의정부지방법원 고양지원 2017.10.19 2017고단2114
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 20, 2017, the Defendant, who is engaged in driving of a fishing city bus to C New Airport Co., Ltd., was driving the bus around 15:45 on June 20, 2017, and was driving the bus at around 15:45, and was moving the gold village crossing from the gold village to the dives of the gold village.

At the same time, crosswalks are installed on the front door, so the driver of the vehicle has a thorough view of the front door, and in particular, the driver of the vehicle has a duty of care to stop the front door if there is a pedestrian who walk when the pedestrian passes the crosswalk, and the pedestrian has a duty of care to continue the pedestrian.

Nevertheless, the Defendant neglected this, while driving the crosswalk bypassing the pedestrian signal in the above intersection, was a green signal, and did not avoid the victim D (68 years old) who dried the crosswalk according to the Marin pedestrian signals while driving the crosswalk, and was placed with the front wheels of the above bus operation.

Defendant 1 suffered injury to the victim due to the above occupational negligence, such as the so-called 10 week left-hand 1 metreshion of the upper part of the upper part of the 1st century, and the damage to the sacrife of the sacrife.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. Application of traffic accident reporting Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. In the event of an accident on the grounds of sentencing under Article 62(1) of the Criminal Act, there is a large degree of negligence of the defendant and the degree of injury of the victim.

Defendant has been punished twice for the same crime.

However, there is no criminal record against the defendant, who has been punished in excess of a fine.

In agreement with the victim, the injured party does not want the punishment of the defendant.

In addition, the age, sex, environment, the process and circumstances of the crime, the circumstances after the crime, etc. of the defendant.

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