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(영문) 광주지방법원 목포지원 2013.08.30 2013고단857
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchid 46 passenger buses.

On October 14, 2012, the Defendant driven the above bus on October 10:10, 2012, and led to the intersection of the private distance in front of the middle industry, which is located in the stong-gun, Youngnam-gun, Samnam-gun, to go on the side of the small and medium industry, from the side of the small and medium industry, about a speed of 50km, depending on the speed of 50km.

There was a duty of care to prevent accidents by safely driving the vehicle by making a temporary stop and slowly driving before entering the intersection, because the signal, etc. is a private crossing that does not operate, the driver of the vehicle had a duty of care to prevent accidents by safely driving the vehicle.

Nevertheless, the Defendant neglected this and neglected to pay by mistake, and received the front part of the Dren car driving by the victim C(34 years of age) who was driving on the side of the mail concentration station, as the front part of the bus.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and suffered injury such as divers to the victim E (the 27-year-old-old-gu) who was on the said car for about seven weeks of medical treatment, and at the same time, the victim F (the 26-year-old-old-gu-gu-old-gu) was receiving medical treatment at H hospital located in Gwangju-dong-gu-gu-gu-gu-gu-si (the 13:46-year-old-gu-year-old-year-old-old

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The actual condition survey report;

1. A copy of a death certificate (F), a copy of a medical certificate (C), and a copy of a medical certificate (E);

1. Application of Acts and subordinate statutes on the scene of traffic accident;

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

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

1. Selection of alternative imprisonment without prison labor;

1. The fact that suspended execution recognizes the crime of Article 62(1) of the Criminal Code and reflects it, and that there is an agreement with the victim F's bereaved family members;

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