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(영문) 전주지방법원 군산지원 2018.07.13 2018고단260
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

The defendant is a person who is engaged in driving buses C.

On December 13, 2017, the Defendant driven a bus around 08:15 on December 13, 2017, and 128 degrees from the village of the Gunsan-si to the rapid speed of the 128 degree from the direction of the educational building to the direction of the high-speed direction of the educational building.

Since there are crosswalks where signal lights are installed, the defendant engaged in driving service has a duty of care to ensure that pedestrians should be able to pay attention to and safely drive the steering gear by accurately operating the steering gear and steering gear while living well on the front side and the right side.

Nevertheless, as the defendant neglected this, the victim D (8 ) who crosses the crosswalk from the right side of the bus to the left side of the road in accordance with the pedestrian signals by negligence of the defendant's moving the right side of the bus to the right side of the road.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., damage to the Do in which there is no open room within the lecture that requires approximately 20 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a medical certificate or a medical statement (whether serious harm is inflicted);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] No. 1 of the basic field of traffic accident (4-1 year) [the person who has been specially mitigated] / In the event of serious injury (including efforts to recover damage) / (1) [the decision of sentence] the defendant reflects the crime, the defendant agrees smoothly with the victim, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance of the Korean bus mutual aid association, and there is no history of punishment after 2000, and the defendant is a green signal signal.

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