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(영문) 대구지방법원 의성지원 2017.12.14 2017고단296
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a bus that is fishing in B.

On September 18, 2017, the defendant operated the above bus around 19:20 on September 18, 2017, and led to turn to the left by the crosssection of the five national highways in front of the Samsung Industry, which was located in the west-gun 1347, the lower court, at the lower end of the Samsung Industry.

There are three-distance crossings where signal, etc. is installed, and in such a case, since the signal, etc. at the front of the defendant was changed to yellow signal, there was a duty of care to safely drive the motor vehicle by complying with the signal to the person engaged in driving the motor vehicle immediately before entering the intersection.

Nevertheless, the defendant neglected this and went to the left by entering the intersection as it is in yellow fluor, and caused by the negligence of left-hand turn to the left part of the victim C(W, 60 years old) driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver

Ultimately, the Defendant suffered, from the above occupational negligence, the injury of pressure pressure, closure, etc. No. 12 weeks to the victim C, and the injury of the victim E (the victim E (the victim 44 years old), the bus passenger, and the victim F (the victim 59 years old), respectively, for approximately two weeks of light tensions in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A statement of the occurrence of a traffic accident of F;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] of the general traffic accident category 1 (Bodily Injury resulting from Traffic Accidents) (the decision of sentence between April and 1 year) is the basic area (the decision of sentence] 8 months.

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