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(영문) 수원지방법원 안산지원 2016.10.07 2016고단2433
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person who is engaged in the operation of the city bus B.

On May 26, 2016, at around 23:00, the Defendant proceeded bypassing the three-lanes of the shooting distance in front of the high school in Ansan-gu, Seoul Special Metropolitan City, Ansan-do., at the end of 25:0, from the area of the square to the area of the high high school at the end of 25:00.

The location is not only that the vehicle signal, etc. is installed on the front side, but also that the intersection where the pedestrian signal, etc. is installed was an intersection connected to the crosswalk. Therefore, the driver had a duty of care to stop in front of the crosswalk and prevent the accident if the vehicle signal is red and the pedestrian signal is green.

Nevertheless, by negligence that the Defendant, while the vehicle signal is red and the pedestrian signal is green, was driven by the victim C (20 years old) who drives the crosswalk from the right side of the above vehicle to the left side of the vehicle, he was driven by the pedestrian signals in accordance with the pedestrian signals.

In the end, the Defendant suffered injury to the victim, i.e., a party who was in need of approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of traffic accidents;

1. Images after a closure;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing Article 62-2 of the Criminal Act is not that of the defendant's negligence.

The injury of the victim is relatively serious.

It is not good that a crime is committed.

However, the mistake is recognized and reflected.

Along with the victim, the agreement was reached.

There is no previous offense exceeding a fine.

In addition, the records and arguments of this case, such as the age, character and conduct, the environment, the motive and circumstances of the crime, and the circumstances after the crime.

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