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(영문) 대구지방법원 안동지원 2016.05.03 2015고단848
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in urban bus driving service belonging to the passenger transport company B.

On September 25, 2015, the Defendant driven a bus at around 10:40 on September 25, 2015, and led to the direction toward the south along the direction of the road at the right-side.

Since there is a brub road, in such a case, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the motor vehicle on the front side and to safely drive the motor vehicle by maintaining the car line.

Nevertheless, the Defendant neglected to do so and left the road to the left-hand side of the proceeding direction, and fell down to approximately 5 YA, which is lower than that of the Republic of Korea.

Defendant 1 suffered injury to the victim C (55) of the bus at the same time due to the foregoing occupational negligence, such as pressure pressure for 14 weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a diagnosis report;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim C telephone);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under the main sentence of Article 62 (1) of the Criminal Act;

1. The territory of recommendation and the scope of punishment: The basic territory/ April to October;

2. Determination of sentence: Determination of sentence: The degree of injury of the victim for six months of imprisonment without prison labor, one year of suspended execution, the fact that no agreement has been made with the victim, etc. shall be considered disadvantageous circumstances; however, considering favorable circumstances, such as the fact that the defendant has no record of criminal punishment; the defendant recognized the crime and reflects the defendant's mistake; and other factors of sentencing specified in the arguments of this case, such as the age, sex, environment, and circumstances surrounding the crime of this case, shall be determined as per the disposition

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