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(영문) 인천지방법원 부천지원 2017.04.20 2017고단496
교통사고처리특례법위반(치상)
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Defendant shall be punished by imprisonment without prison labor for eight 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

On January 27, 2017, around 15:05, the Defendant operated a four-lane road in front of the Seoul Central Franc City B, and a three-lane low-speed bus in front of the Seoul Central Franc City, and had the victim D take the side of the driving seat of the said bus from the right side of the network (only a bus-only bus) toward about 30km in speed. Since there is an intersection where a signal is installed, the Defendant was at the place, and therefore, there was a duty of care to safely drive under the new subparagraph, due to the negligence of violating and immediately moving down the stop signal, and caused the victim D (29 years) to take the side of the driving seat of the said bus at the right side of the said bus, and caused the victim D to take the treatment of the said bus at the right side of the road, and caused the victim D to suffer from each of the above 4-day passenger’s debris, each of which is necessary for treatment of the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements, etc. of D and G (List 5, 7);

1. A survey report (List 1), and each diagnosis report (List 10, 11);

1. Application of Acts and subordinate statutes to each photograph (list 3, 6, 13);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (a confession, reflectment, and fine before and after about twenty-five years ago shall not have any record of criminal punishment except once, and the victims shall not be punished by mutual consent or mutual consent);

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