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(영문) 대전지방법원 천안지원 2016.12.02 2016고단1960
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 also a person who is engaged in driving a sports bus.

On April 17, 2016, the Defendant driven the above vehicle at a speed of 20:45, and proceeded to the right of delivery on the road along the parking lot of Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, 111.

In this case, the driver of the motor vehicle has a duty of care to reduce the speed and thoroughly see the front and rear left of the course for the driver of the motor vehicle, to accurately operate the steering direction and brake system of the motor vehicle, and to prevent the accident from being delayed by properly examining whether there is any person driving the motor vehicle.

Nevertheless, the Defendant neglected to perform his duty at the front seat of the vehicle, driving the vehicle on the front seat of India, and parked there as is, e.g., the front front part of the Erenton vehicle, which was parked above India, is shocked with the front part of the Defendant’s driver’s vehicle. On the other hand, the Defendant’s f (n, 57 years old), a pedestrian victim F (n, e.g., pedestrian) who was on the front part of the said siren vehicle, was shocked with the front part of the Defendant’s driver’s vehicle, and served the victim’s bridge part above the floor with the rear wheels of the Defendant’s vehicle.

As a result, the Defendant suffered serious injury, such as the closure of the frames on both sides, which require medical treatment for at least three months, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. The actual condition survey report and map;

1. Medical certificates, opinions, requests for investigation cooperation, and serious injuries;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommending punishment] damage to the basic area (four to one year) of the first category of traffic accident (the injury caused by traffic accident) (the person who is specially mitigated).

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