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(영문) 수원지방법원 평택지원 2019.05.02 2018고단1911
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year 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 bus B(UNFCCCSE).

Around 10:50 on September 4, 2018, the Defendant driven the above bus and continued to turn to the left at the seat of the dead mountain terminal at the front of the front city of Ansan.

At the same time, there was a crosswalk installed in the front of the road, where there is a lot of pedestrian traffic, and there is no signal apparatus in the front of the road, so there was a duty of care to prevent accidents in advance by safely checking whether a person engaged in driving of a motor vehicle is a pedestrian by reducing speed and driving on the front of the road and properly examining the right and the right of the road, and driving on the road safely.

Nevertheless, the defendant neglected this and went beyond the road by taking the body side of the victim D (the 82-year old) who was standing to the port from the right side of the defendant's road due to negligence.

As a result, the Defendant suffered injury to the victim due to the occupational negligence in the part where the details of the frame in need of treatment for about 10 weeks are unknown.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession and reflection of the crime in this case, and the adoption of a full agreement with the victim);

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