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(영문) 서울남부지방법원 2016.08.25 2016고단1157

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for eight 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 driving a D treatment truck truck truck truck truck truck vehicle.

On July 28, 2015, around 00:56, the Defendant stopped on the right side of the four-lane road in front of the 10-lane in the Sung-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seongbuk-gu, Sung-do, Seoul, about 293km in the direction of the Seoul Highway.

Since it is an expressway, there was a duty of care to prevent accidents by accurately operating the brake system.

Nevertheless, the Defendant was negligent in not accurately operating put in put in put in put in put in put in put in put in put in put in put in put in put in put in put in order, and the Defendant was sentenced to the front part of the put in place in front of the put in place in front of the drive of E(41), which is pushed down in one lane later.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim G (the age of 39) who was accompanied by the above cargo due to an injury, such as the dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium s

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and a written opinion of E;

1. The application of Acts and subordinate statutes to each medical certificate, victim's photograph, post-disabled disability diagnosis certificate, and each disability diagnosis certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 4(1) and Article 4(2) of the Act, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In the case of bodily injury in the aggravated area (8 months to 2 years) of the first type of traffic accident (the person subject to special aggravated punishment] [the (1) type] / The defendant stops large car cars and freight trucks on the side, and inspects vehicles properly.