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(영문) 광주지방법원 목포지원 2018.11.30 2018고단405
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 a bus C.

On March 28, 2018, the Defendant driven a bus on the 17:50 square meters, and proceeded at a speed of 40km each hour at the speed of 40km each hour, along with one lane towards the seat of the Hap-Eup from the west-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents by properly manipulating the steering gear so that a person engaged in driving of a motor vehicle does not see the steering line and leave the lane.

Nevertheless, in order to drive away a bus, the Defendant was negligent in neglecting the steering gear in the front direction while driving the bus, and the Defendant was negligent in breaking the center line due to the failure to properly operate the steering gear, and the victim D(53) who was driving in the opposite direction was not found to have a cargo vehicle and received the front part of the bus driver's seat on the side of the bus.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a light-to-face high-end and open-end flasing the left-hand body in need of approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

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

1. The sentencing of Article 62(1) of the Act on the Suspension of Execution is severe than the negligence of the defendant on the grounds of sentencing, and the degree of injury of the victim is significant, but the defendant has no record of criminal punishment, confession and reflects the crime of this case, and agreed with the victim and agreed with the victim, and all the sentencing factors indicated in the record are determined as follows.

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