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(영문) 서울남부지방법원 2016.01.28 2015고단5241
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a route bus.

On November 4, 2015, around 13:20 on November 4, 2015, the Defendant came to proceed through the bus center in the direction of transmitting the intersection of the chill distance in the city of Gangseo-gu Seoul.

Since signal lights are installed on the front side, the defendant engaged in driving service has a duty of care to safely drive in accordance with good faith.

Nevertheless, the defendant neglected this and caused the victim to go left from the direction of the flood apartment complex in the direction of the flood apartment complex in accordance with the new subparagraph by negligence in contravention of the stop signal, and caused the victim to go beyond the floor by shocking the front part of the bus operated by the defendant on the left side of the F2-wheeled Automobile driving in the direction of the flood apartment complex in accordance with the new subparagraph.

Ultimately, the Defendant caused the victim to suffer injury, such as a cage cage cage cages at the left-hand side in need of approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. An accident explanatory note;

1. A traffic accident report, a traffic accident report, and a photograph of an accident vehicle;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigated area (one to six months) of the mitigated area (i.e., one month) [special mitigated person] [including efforts to recover damage], and the judgment of the sentence] of the non-guilty area (including efforts to recover damage] [the decision of the sentence] of the crime, but the occurrence of serious injury caused by the violation of signal was caused by the accident. However, the first offense without the defendant, the vehicle involved in the accident is being admitted to the bus mutual aid association and has recovered from damage, and the victim and the defendant have agreed to the full agreement during the trial, and the age and age of the defendant.

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