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(영문) 수원지방법원 2013.09.05 2013고단2875
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years 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.

On April 2, 2013, the Defendant driven the above bus on April 11:10, 2013, and led to a two-lane prior to the bus stops in the Hamsan bus stops located in the Sinsan-ri, the Sinsan-si, the Sinsan-si at the port of the Sinsan-si, along a two-lane radius from each other.

However, there are crosswalks where signal lights are installed on the front door, so in such a case, the person engaged in driving service has the duty of care to check whether there is a person who gets a way to reduce the speed and to see well the front door, and to safely drive the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed even though the signal is changed to the stop signal of the vehicle, and caused the victim C (W, 24 years old) who cross the crosswalk from the right side of the crosswalk to the left side according to the pedestrian signals by negligence.

The Defendant caused by such occupational negligence the risk of life, or caused an incurable or incurable disease, by adding the body frame of the two body frames, where the period of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

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), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

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

1. The punishment as above shall be determined by taking into consideration the matters prescribed in Article 51 of the Criminal Act, such as the negligence of the defendant for sentencing under Article 62-2 of the Criminal Act, the weight of the injured party, and the fact that the defendant agreed with the injured party, etc.;

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