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(영문) 수원지방법원 2018.01.24 2017고단7541
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 who is engaged in driving of C's bus chartered bus.

On October 26, 2017, the Defendant driven the above bus at around 11:30 on October 26, 2017, and led to the left-hand turn at the speed of the 3rd in Seocheon Village from the New Young-gu, Seocheon Village from the New Young-gu.

At all times, there are an intersection and crosswalk in which signal lights are installed on the front side, and thus, the driver of the motor vehicle had a duty of care to reduce the speed to the driver of the motor vehicle and to check whether there is a person living well on the front side and the left side, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the victim E (80) who was standing to the port from the right side of the bus to the right side of the road according to the Mad pedestrian's signals due to the negligence of left-hand turn to the front, left-hand turn, and got the victim over the ground. The victim's left-hand side part of the bus turned to the right side of the bus.

In the end, the Defendant suffered injury, such as the opening-up and crushing of a brupt, which intrudes on the left-hand necks requiring approximately 16 weeks of treatment by occupational negligence as above, by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs, diagnosis reports, and investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( considered favorable to the reason for the sentencing) - The case taken by the pedestrian at the crosswalk in which the pedestrian ought to be absolutely protected, and the responsibility of the defendant is unafford. - The damage suffered by the victim is not small due to the instant accident. - The favorable circumstances are that the victim did not reach an agreement with the victim - the defendant commits the crime.

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