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(영문) 대전지방법원 2016.08.10 2016고단933
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years 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 C chartered bus.

On January 5, 2016, the Defendant driven the above bus around 13:29, while driving the three-lane road in front of the long distance from the side of the government office building at a speed of about 10km in speed from the nearest four-lanes, along two-lanes to the side of the government office building of the Seo-gu Daejeon, and led the Defendant to drive the three-lane road at a speed of about 10km.

Since there are crosswalks where signal lights are installed on the front door, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle using the front door, the seat, and the well, and to accurately operate the steering gear and the brakes so as to prevent the accident in advance.

Nevertheless, the victim D (the 75 years old) who d (the 75 years old) d (the 75 years old) d (the 75 years old) d (the 75 years old) on the fright side of the government office building from the NAma Sinma to the fright side of the government office building

A prosecutor means that a damaged person gets a victim of the bus front part of the bus;

However, it is insufficient to conclude the victim’s statement alone as such. Rather, the victim’s written request for medical treatment (Evidence No. 40 pages) and had been on the scene at the time.

According to E’s statement (Evidence Nos. 12, 47 pages) that the bus driven by the Defendant entered the pedestrian crossing, and the victim seems to go out of the pedestrian crossing. However, even if the injured person did not directly go against the bus, in light of the circumstances of the accident, it is reasonable to deem that he caused the death or injury of another person due to the vehicle’s traffic. Thus, the “traffic accident” under Article 2 subparag. 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents falls under the “traffic Accidents”. Ultimately, the Defendant suffered from the victim by negligence on duty as seen above that the injured person suffered the injury of the body part of the body part of the dog that requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made by the police against D;

1. E.

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