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(영문) 대구지방법원 2017.09.14 2017고단3916
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 one year 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 tourist bus B.

On May 3, 2017, the Defendant driven the above tourist bus around 05:15, and continued to run as the Cheongsung-gu, Daegu Suwon-gu, 498 on a four-dimensional street from the four-distance lux.

Since there is an intersection where signal lights are installed, there is a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle passing through an intersection by checking well the left and right of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the defendant neglected to do so and received the front part of the victim C's fright-hand side of the moving direction, which is direct from the right-hand side of the moving direction to the left-hand side of the vehicle, as well as the front part of the above tourist bus.

As such, the Defendant caused the victim by negligence in the course of business to suffer bodily injury, such as cutting the body body of a broad bridge that requires treatment for about three months.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Article 3 (1) and 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 (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents No. 1 [Special mitigated Persons] [Article 62(1) of the Act (Article 62(1) of the Criminal Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 7(1) of the Act

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