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(영문) 대구지방법원 2018.05.03 2017고단7208
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of C New Zealand bus.

On November 1, 2017, the Defendant driven the above bus at a speed of about 40 to 50km from the direction of the Gangnam Police Station from Samsung Home plug to the direction of Samsung Home plug.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

Nevertheless, the Defendant neglected to do so and took part in front of the bus right side of the Defendant’s shuttle bus driven by the Victim F (F, 51 years old) (F, 51 years old) who had been driving from the direction of the stop ABC on his own by negligence, and led the said SM5 vehicle to take part in front of the bus right side of the Defendant, and led the said SM5 vehicle to take part in XG vehicles, I’s I’s Lex vehicles and Jysta 2 vehicles in front of the signal waiting at the front direction of the opposite direction.

Ultimately, the Defendant suffered, from the above occupational negligence, approximately 5 weeks of injury to victim F, such as tea cages, which invadedd cage cages in need of approximately 5 weeks of medical treatment, injury to the victim K ( South, 39 years of age) who was on board the said H New Daily franchise, such as cages, tensions, etc. in need of approximately 2 weeks of medical treatment, and injury to the victim L (V, 30 years of age) who was on the said Jysta 2 vehicle, in need of cages, etc. for about 3 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of M and F;

1. Photographs of a survey report on actual condition, a photo at the scene of an accident, or a photograph of an accident to take a course;

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. The defendant's age and gender are committed in the following circumstances for sentencing of Article 62 (1) of the Criminal Code.

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