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(영문) 대전지방법원 2013.08.07 2013고단1082

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is C urban bus driver.

On January 9, 2013, the Defendant driven the said urban bus as his duties around 17:50, while driving the said bus, which led to the running of the said bus at an insular speed, in front of the restaurant, located in the Sinnam-si, Geumnam-si, Sejong-si, Daejeon-dong, which is located in the new village of Sejong-si.

However, at the same time, the road has been bended to the right, so in such a case, the person engaged in driving service has a duty of care to safely proceed without breaking the central line.

Nevertheless, the Defendant neglected this and received the front part of the victim D(51 years old) E concrete mixed truck driving in the opposite direction due to the negligent negligence of the central line, from the front part of the above city bus, and caused the victim to suffer from the shock of the top pelle, accompanied by a floor slope that requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. The actual condition survey report;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

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

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (wholly agreed with the victim and considering the fact that there is no previous conviction in the same kind);