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(영문) 대구지방법원 2021.02.18 2020고단6348

교통사고처리특례법위반(치상)

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

However, the execution of the above punishment shall be suspended for a period of two 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 of the city bus in fishing to B New Schlage.

On October 9, 2020, the Defendant got a right bypassing the old roads E, located in Daegu Suwon-gu D on October 16, 2020, from the strings of the wall to the strings of the air.

Since there are no signal apparatus at the front door, there was a duty of care to prevent accidents in advance by reducing the speed and properly operating the steering system and the steering system with the steering gear.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes without accurately operating the steering gear and brakes, and did so, the Defendant got the Victim F (V, 24 years old) who was standing on the right side of the front crosswalk from the right side to the left side of the above bus.

Ultimately, the Defendant suffered injury, such as damage to funerals, which requires approximately six weeks of medical treatment, 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. A survey report on actual conditions;

1. A report on internal investigation (person G telephone conversations) and an investigation report (Attachment to the personal damage of a victim);

1. Blue images of a black stuff;

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 and Article 268 of the Criminal Act concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident [type 1] the injury [including the person subject to special sentencing] caused by traffic accidents: The mitigated elements of punishment (including the area of recommendation and the scope of recommended punishment], the mitigated areas of punishment (including the advanced efforts to recover damage], and January through August of the credit cooperative;

2. The defendant who is sentenced to a sentence shall violate his duty to protect pedestrians in the crosswalk;