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(영문) 대전지방법원 2013.03.21 2013고단197
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 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 the city bus B.

On November 27, 2012, the Defendant driven the above city bus on November 27, 2012, and became to turn to the left at the front of the exit of the back-to-end public parking lot in Daejeon-gu, Daejeon-gu, and became to turn to the left at the right intersection.

On the front side, there was an intersection where signal lights are installed, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving of the motor vehicle and to prevent the accident by complying with the signal.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the stop signal of the vehicle, thereby preventing the course of the Dmaz car driven by the victim C (V, 44 years old) from driving in accordance with the new code from the side of the Chungcheongnamsan in Daejeon Special Metropolitan City, thereby getting the front side of the said bus to the front side of the said vehicle.

As a result, the Defendant suffered injury to the victim, such as “ves cages, including two cages,” which require approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. C’s statement;

1. Application of Acts and subordinate statutes to field photographs, diagnostic certificates, and estimates;

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

1. The above punishment shall be determined by taking into account the circumstances favorable to the defendant, such as the fact that the degree of injury to the victim caused by the instant accident on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is not less vulnerable to the defendant, the fact that the Defendant’s vehicle is subscribed to bus mutual aid, the fact that the Defendant has no special criminal record other than once a fine,

It is so decided as per Disposition for the above reasons.

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