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(영문) 수원지방법원 여주지원 2017.08.18 2017고단590
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of three 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 of B New Zealand bus.

On January 13, 2017, the Defendant driven a bus around 16:40, and led to two-lanes of the two-lane road in front of the identity of the sub-Eup in Yancheon-si, Echeon-si, to the sub-Eup in e.g., East-si.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle along the lane by accurately operating the front section and the left part and the left part of the motor vehicle and the steering gear.

Nevertheless, the Defendant neglected this and neglected that, by negligence, led to the bypassing to the death of the bus at the same direction, the victim C(66) driving, which was proceeding along the two-lanes of the same direction, did not avoid the bus of the U.S. accused, and did not get out of the bus of the U.S. accused, the Defendant followed the right part of the bus to the right part of the front part of the vehicle.

Ultimately, the Defendant suffered approximately 32 weeks of medical care due to occupational negligence as above, thereby causing danger to life by causing damage to the number of scams that require medical care.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A comprehensive analysis of traffic accidents;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to a medical certificate, etc.), medical certificate, and medical opinion;

1. Relevant Article 3 (1), the proviso to Article 4 (1) 2, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime, Article 3 (1) and Article 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, Article 268 of the Criminal Act, and Article

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of punishment: One month to five years without prison labor;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] the scope of the general traffic accident category 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) (including a person who has been specially mitigated), the mitigated punishment (including a serious effort to recover damage).

3. A traffic accident while a large vehicle that has been sentenced to sentence is operated;

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