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(영문) 서울중앙지방법원 2018.01.17 2017고단8087
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaged in village bus operation.

On September 20, 2017, the Defendant driven the above bus around 11:30 on September 20, 2017, and moved down the three-lane of 24-6 o-ro 2, Seocho-gu Seoul Seocho-gu, Seoul, bypassing the three-distance of the three-dimensional apartment of the art hall from the boundary of the art hall to the air basin.

If a bypass a crosswalk is installed immediately after a signal apparatus is installed, a person engaged in driving a motor vehicle has a duty of care to prevent an accident by safely driving the crosswalk until a pedestrian is able to walk the crosswalk in accordance with the pedestrian signals, by taking a full-time stop and temporarily stopping the signal, and by driving the crosswalk in accordance with the pedestrian signals, if there is a pedestrian.

Nevertheless, the Defendant neglected this and proceeded with the front bank without properly examining the front bank, while taking the front bank in the front of the front apartment room of the new East Eastern apartment, and took the victim D (V, 43 years old) and the victim E (V, 54 years old) who crossed the crosswalk pursuant to the new pedestrian subparagraph into the right part of the bus front of the bus driving of the Defendant, and suffered injury, such as a light signboard, disability, etc. requiring approximately 4-day medical treatment for about 6 months in front of the bus driving of the Defendant, and suffered injury to the victim E, such as a two-way frame, etc. requiring medical treatment for about 6 months.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

1. A report on investigation (report on the cause of an accident);

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of confession, reflectment, purchase of comprehensive automobile insurance, the elderly, etc.);

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