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(영문) 청주지방법원 2014.11.27 2014고단1064
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

Punishment of the crime

Around 06:50 on August 1, 2014, the Defendant operated a New Tour Charter bus B as of 06:50 on duty, and had the Defendant turn to the left at the Cheongju-si, the C (34 years old) drive of the victim C (hereinafter referred to as the “C4 years old”), which was in progress on the right side from the left side of the Defendant’s vehicle to the left side, and caused the victim to suffer an injury to the victim, such as the need for treatment of approximately 12 weeks in the left side of the Defendant’s vehicle, due to the fact that the driver of the motor vehicle had a duty of care to safely drive the motor vehicle in accordance with the new name and prevent the accident from occurring.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, diagnostic certificates, and photographs of damaged vehicles;

1. Legal provisions applicable to the facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and the grounds for sentencing under Article 268 of the Criminal Act;

1. Reference to the sentencing criteria;

(a) Criteria for punishment and sentence: Traffic crime, general traffic accident, type 1 (the injury of a traffic accident), basic area (no special person) and comprehensive motor vehicle insurance for general persons, serious reflectness, aggravated factors and other criminal records of the same kind which do not constitute a repeated offense, in cases falling under the proviso of Article 3 (2) of the School Special Act: Not less than 4 months but not more than 0 months without prison labor;

(b) Criteria for suspension of execution: It shall be positive that there is no effort to recover damage in cases falling under the proviso of Article 3 (2) of the Act on the Aggravated Punishment and other Special Accounts, such as the major reasons for the suspension of execution, or the reasons for the general participation not less than twice adversely.

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