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(영문) 부산지방법원 2015.04.17 2015고단475

교통사고처리특례법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving Bsch Rexton vehicles.

On February 2, 2014, around 08:40 on 08:0 on 2, 2019, the Defendant proceeded with a one-lane road of the Dok-do public parking lot in Seocheon-dong, Seocheon-dong, Busan, with a speed of about 40km, depending on one-lane, toward the direction of the Gupo basin in the future hospital in Seocheon-dong.

At that time, the center line of yellow-ray is installed.

In such cases, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle can live well on the front side and safely drive the motor vehicle in order to prevent the accident by safely driving it.

Nevertheless, the defendant neglected to do so and she is left to the left of the Geumcheon-cheon Public Parking Lot by spreading the center line of the yellow-ray.

The main part of the D urban bus driving by the victim C(52 years old, South) who is driving along the two-lanes of the two-lanes and the front part of the Defendant's right-hand side of the vehicle.

As a result, the Defendant, by negligence in the course of performing his duties, suffered from cerebral tensions that require a detailed treatment for 62 weeks to the damaged vehicle E (the age of 62, the age of 63, the age of 63), from the passengers F (the age of f3, the age of f3), from the brain in need of a six-day medical treatment to the passengers G (the age of 45, the age of 45, the age of tensions and tensions, and from the passengers H (the age of 58, the age of 58) for 5 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident (C);

1. Each written diagnosis (E, G, F), written confirmation of medical treatment (H);

1. Application of Acts and subordinate statutes to traffic accident reports, traffic accident reports, accident vehicle photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant, as the central line, has shocked urban buses to inflict bodily injury on many victims.