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(영문) 제주지방법원 2018.07.03 2018고단465
교통사고처리특례법위반(치상)
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving buses C.

On August 6, 2017, the Defendant driven the above bus around 09:15, and led Jeju-do to the intersection from the northwest of Chocheon-gu, Jeju-do to the direction of the virtue.

Mad victim D( South, 59 years old) driving

E-si passes through the above intersection from the right side of the defendant's running direction, and in such a case, the defendant engaged in driving of a motor vehicle had a duty of care to live well on the front side and the left side and to prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and received the front part of the taxi in front of the above taxi due to the negligence of entering the above intersection of the stop.

Defendant: (a) due to such occupational negligence, inflicted injury on the victim FF (the remaining, 62 years of age) who was on board the said taxi in need of medical treatment for at least 24 weeks; (b) on the part of the victim D, an injury to the victim G (the 45 years of age) who was on board the said bus in need of medical treatment for at least six weeks; (c) on the part of the victim G (the 45 years of age) who was on board the said bus in need of medical treatment for at least five weeks; and (d) on the part of the victim H (the 45 years of age), the victim H (the 45 years of age) sustained an injury, such as knee-for-all open room.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the person involved in the D traffic accident;

1. A report on the occurrence of a traffic accident, an accident site photograph and an investigation report on the actual condition of a traffic accident;

1. Application of Acts and subordinate statutes of subparagraph (D), (G), (H), and (F) of a general medical certificate;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The degree of injury suffered by the victims of the instant accident for the reason of sentencing under Article 62-2 of the Criminal Act, and the Defendant did not agree with the victim G and H.

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