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(영문) 인천지방법원 부천지원 2021.01.27 2020고단3108
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the operation of bus B.

On February 14, 2020, the Defendant driven the above bus around 22:00, and turned off the three-lane road in front of Kimpo-si, Kimpo-si along the three-lanes of the long-term underground vehicular road from D apartment room to the long-term underground vehicular road.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce the speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the defendant neglected this and proceeded by his negligence by moving it to the right side of the defendant's proceeding, and the victim E (the age of 26) who dried the crosswalk from the right side of the road to the left side of the road as the front side of the above bus. The defendant sent the victim beyond the floor to the front side of the above bus.

After all, the Defendant suffered injury to the victim, such as a 16 week-of-the-day therapy, in the foregoing occupational negligence.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, brief map of the scene of the accident, photograph of the scene of the accident, and medical certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of recommended sentences based on the sentencing criteria: Imprisonment without prison labor for four months - one year.

(a) Crimes concerning special cases concerning the settlement of traffic accidents: Imprisonment without prison labor for April - one year (basic area): Where an injury occurs among the special aggravated factors: No penalty shall be imposed;

3. Determination of sentence: A person who crosses a crosswalk while a defendant drives a bus for 10 months, 2 years of suspension of execution, and 160 hours in community service shall live properly.

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