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(영문) 부산지방법원 2017.04.19 2016고단7447

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 buses C.

On October 5, 2016, the Defendant driven the above bus around 17:26, and went through the intersection in front of the Gu office in Young-do, Young-dong, Busan, Young-do. However, when the Defendant was negligent in the course of business in the course of occupational negligence in violation of the vehicle signal from the Cheongnam-dong, which was located in the Cheongnam-dong, from the Cheongnam-dong, the victim D (59 years old) who was directly driving the intersection in accordance with the new subparagraph of the vehicle due to the Cheongnam-dong from the Cheongnam-dong, the Cheongnam-dong, which was located in the Cheongnam-dong, the Defendant suffered approximately eight-day medical care for the front bus, and caused the victim to suffer an internal and rupture rupture in need of approximately eight-day medical care.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. According to Article 62(1) of the Act on the Suspension of Execution, considering the following factors: (a) reflects the reasons for sentencing under Article 62(1) of the Criminal Act; (b) there is no record of punishment after August 1, 1980; (c) there is an agreement with the victim; (d) recommendation [including the first type of traffic accidents (the injury caused by traffic accidents) in the mitigation area (one to eight months); (d) special mitigation person; and (e) a person who is not subject to punishment (including a serious effort to recover damage)] under Article 51 of the Criminal Act.