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(영문) 대구지방법원 2016.04.07 2016고단135
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 new bus owned by the Defendant Co., Ltd. C in order to drive a new bus.

On September 2, 2015, the Defendant driven a bus on or around 06:45, while proceeding in the direction of a pictureless direction along the three-lanes near the four-lanes near the four-lane northwest of the Northwest-gu, Daegu., the Defendant moved to the direction of the Seongbuk-gu.

Since a crosswalk is installed at a front door, in such cases, a person engaged in driving a motor vehicle has a duty of care to check whether there is a person who will live well on the front door and the left door and the left door, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to walk to the right side of the direction of the course, followed by pedestrian signals, brought the body of the victim D(44 cm) into the front part of the bus.

As a result, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as cutting the frameworks of the external reproduction requiring approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act to attend a lecture [the scope of recommended punishment] There is no person who has no basic area (4 months to October) [the decision of sentence] of the type 1 of general traffic accident [the person who has been subject to special sentencing] [the decision of sentence] - Reasons for unfavorable circumstances: The defendant's shock of the person who has been normally driven in accordance with the pedestrian signals and brought about the result of serious injury to the victim; the defendant is covered by mutual aid insurance; the defendant has no record of being sentenced to suspension of qualification or heavier punishment; and the crime is committed.

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