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(영문) 수원지방법원 성남지원 2013.09.05 2013고단1594
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2013, the Defendant driven a bus vehicle C on June 23, 2013, while driving it at approximately 20km at a speed of about 30km, depending on the four-lanes between the original road and the original road in Myanmar village.

Since this is a crosswalk installed with signal apparatus, there was a duty of care to safely drive by checking whether a person engaged in driving of a motor vehicle is in compliance with the traffic signal and whether a pedestrian walking along a crosswalk is a pedestrian.

Nevertheless, the Defendant neglected to do so and neglected to stop the front-time, and the victim D (the age of 23) who dried the above crosswalk due to the negligence of bypassing the aid, etc. of the above crosswalk in the state of red signal, which caused the collision with the front-hand part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as a string to the right string, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. An accident photograph;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution was that the Defendant had lived faithfully as a bus driver, and agreed with the victim.

The same type as the order shall be determined in consideration of all the above points.

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