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(영문) 수원지방법원 2019.08.29 2019고단2842
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

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

On April 3, 2019, the Defendant driven the above bus on April 08:43, 2019, and came to proceed to the direction of the East-UIC in the direction of the Suwon-si, along the three-lanes in front of the 6 upper intersection of the 6 upper intersection.

At all times, there is a crosswalk where signal apparatus is installed, so if the vehicle signal prior to the entry to an intersection is changed to a yellow light, the driver has a duty of care to stop the vehicle in front of the stop line, to check whether there is a person who gets on the front side and the left side, and to safely drive the vehicle in accordance with the signals.

Nevertheless, the Defendant did not stop despite the fact that the yellow light, etc. has been ignitedd on the cross-road signal prior to the crossing, and entered the intersection as it is, and by negligence, when the electric-road vehicle signal has been cut off while the red light, the Defendant got the body of the victim C (Ar. 15 years old) who has dried the crosswalk from the right side of the direction to the left side of the bus driving by the Defendant in accordance with the pedestrian signals.

As a result, the Defendant suffered injury to the victim, such as cerebral finites, which requires medical treatment for about 10 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. The actual condition of traffic accidents;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order of Community Service and Order to Attend Education [the scope of recommendations] traffic accidents in general: The area of mitigation of traffic accidents, and the elements of mitigation from January to August of imprisonment without prison labor: The crime in this case is not punishable (the decision of sentence].

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