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(영문) 제주지방법원 2016.01.14 2015고단1531
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 tourist bus B.

On September 7, 2015, the Defendant driven the above tourist bus around 16:51, and, at Jeju City, continued to drive the instant tourist bus along the coast crossing located in the east of Jeju City, to run the road of three-lanes under the direction of the coast, from the “Fucheon Road” to the “Fusan Village,” one lane, while driving along the road along the opposite lane.

Since there is a center line of yellow solid lines, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving service is safe before, after making a U.S. internship at the place where the U.S. is permitted to make a U.S., and having a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and tried to spawn the central line, and failed to turn back at once the radius of the above tourist buses with a large radius. The Defendant was driving a victim C (51 years old) who was proceeding one lane between the three-lanes on the side of the “Fucheon Sacheon Road.”

D Part on the left-hand side of the cargo vehicle was received as a part subsequent to the left-hand side of the above tourist bus.

As a result, the Defendant suffered injury to the victim, such as the left-hand skes, the left-hand skes, and the blood species, which require approximately four weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A medical certificate;

1. An accident scene photograph;

1. Application of the Acts and subordinate statutes governing virtual bus booms and video records CDs at the time of the accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the following grounds for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of type: One type of ordinary traffic accident;

(b) special mitigations;

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