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(영문) 대구지방법원 2018.01.25 2017고단4536

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 service B.

On July 19, 2017, the Defendant driven the upper obaon around 09:00, while driving the front oba, Daegu Dong-gu C, in the direction of the direction of the direction of the Abag to the direction of the village amusement park.

Since the defendant tried to pass a D urban bus which stopped in front of the driver's driving of the defendant, he had a duty of care to pass the vehicle to the left side of the vehicle running ahead of the driver's driving.

Nevertheless, in order to neglect this, the victim E (V, 49 years old), who was driven by the defendant due to the negligence of being overtaken on the right side of the vehicle, was driven by the defendant, and went beyond the land.

Ultimately, the Defendant suffered approximately seven weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and photographs on accident scene;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] There is no person who has no basic area (four months to one year) (the person who is subject to special sentencing) [the sentence] [the decision of sentence] of the following circumstances and the defendant's age, sex, sex, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments of this case shall be determined as per the order.

D. Unfavorable circumstances: The defendant was lowered from the bus due to the instant traffic accident that occurred in violation of the method of the former while driving the Oralbane.