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(영문) 수원지방법원 안산지원 2018.11.01 2018고단2867
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

The defendant is a person who is engaged in driving a bus B.

On July 29, 2018, the Defendant driven the above bus around 15:00, and proceeded directly from the view room in Ansan to the central elementary school, the 408 fire station distance in Ansan-si, a member of Ansan-si, a member of Ansan-si, to the front side of the central elementary school.

At the time, the traffic signal apparatus is installed, so the person engaged in driving service has a duty of care to drive safely in accordance with the signals through thorough operation of the front hour.

Nevertheless, the Defendant neglected this, while he was in a red signal, and was fluored due to negligence in the course of the bus that the Defendant driven by the Defendant, in violation of the signal, brought the right side part of the rocketing taxi vehicle driven by the Defendant with the front part of the bus fronter by the Defendant, which was driven by the victim C, who was in a straight line from the left side of the bus driven by the Defendant under normal signals.

Ultimately, the Defendant suffered injury to the victim C by occupational negligence, such as cutting the body of abandonment, which is superior to the right-hand, requiring approximately seven weeks of medical treatment, and injury to the victim E, such as catum salt, tension, etc. requiring approximately two weeks of medical treatment to the passenger of the said taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report and investigation report (victim C telephone conversations);

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The sentencing of Article 62(1) of the Act on the Suspension of Execution shall be determined by taking into account all the circumstances shown in the record, including the following circumstances, for the reasons for sentencing.

The favorable circumstances: The inferior quality of the crime and the record of punishing the driving of drinking alcohol that violate the signal while driving the bus;

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