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(영문) 수원지방법원 2016.09.28 2016고단3288
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving a D bus.

On May 24, 2016, the Defendant driven the above bus around 08:50, and driven the road of two lanes in front of the health of the South East East-do, which is located in the Seocho-gu Seoul Metropolitan Franchisingdong, at the speed of about 40km each hour from the direction of the horizontal distance to the direction of the blue So-gu Village.

Since there is a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road by reducing the speed and by properly examining the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and caused the victim E (the 23 years old) to go beyond the road by taking out the victim E (the 23 years old) as the front part of the bus driving right side of the defendant's bus in accordance with the pedestrian signals from the right side of the defendant's moving direction, due to the negligence of violating and proceeding the vehicle driving signal even though it has been stopped.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a balone-day therapy, balone bones, and falone’s composite fals, which require approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. A certificate of medical treatment and a medical certificate;

1. Application of the Acts and subordinate statutes to cut a black stuff image;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) (the scope of recommendation) of the Act on the Suspension of Execution (the grounds for sentencing) (the grounds for sentencing) of the basic area ( April to one year) (the person subject to special sentencing) (the person subject to special sentencing) / Where the illegality in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents is serious (the decision of sentencing): A party who has violated the signal on the crosswalk, is sufficient.

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