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(영문) 수원지방법원 2018.09.28 2018고단2666
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a charter bus of 46 persons.

On April 25, 2018, the Defendant driven the above bus around 18:20 on April 25, 2018, and proceeded three lanes in front of the F station in the IIC in the case of harmony with three lanes.

Since there is a center line of yellow solid lines, a person engaged in driving a motor vehicle has a duty of care to thoroughly conduct the front-way duty and safely drive the motor vehicle with the duty of care.

Nevertheless, the Defendant neglected to do so and got off the center line with the driver’s negligence, and thereby driving by the victim G(28 tax) G (28) with the front wheel part of the Hpoar car, which is driving by the victim G, was facing the core part of the Defendant’s bus driving.

Ultimately, the Defendant suffered from the above occupational negligence on the part of the victim G, who is the other driver of the vehicle, the injury, such as external shock shock, external trauma surgery, fladation of rain, cage cage cage cage cages, etc., the injury of brain cages, etc. requiring approximately three-day medical treatment to the victim I (29 years old) of the victim of the damaged vehicle, the injury of the victim of the damaged vehicle, the injury of the cage cages and tension, etc. requiring approximately two-day medical treatment to the victim J (38 years old), the injury of the victim K (36 years old) who is the passenger of the driver bus, for about seven-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Each written diagnosis (G, K (as of June 16, 2018), L, and J);

1. Application of the Act to accident video and sentencing investigation report

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Criminal Code of the Republic of Korea with the largest penalty).

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