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(영문) 서울북부지방법원 2016.11.10 2015고정1440

업무상과실치상등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 04:45 on January 17, 2015, the Defendant was driving a C car in the vicinity of the Dobong-gu Seoul Metropolitan Government 49 Cultural High School Intersection, and the victim D (the age of 44) who was driving behind the Defendant did not set off the vehicle from the vehicle to remove the Defendant’s car’s hand, and opened the glass with the left hand, and led the Defendant to the Defendant’s hand by driving the car at one meter of the car. However, the Defendant stopped down the car and proceeded as it was, even though the Defendant d(the age of 44) was turned down from the vehicle.

At around 04:50 on January 17, 2015, the Defendant: (a) 551 Ma, Dobong-gu, Seoul, set off a pair apartment 101 parking lot; (b) discovered the Defendant and resisting the Defendant; (c) but in order to avoid this, the victim gets the driver’s seat by her hand, laid down the victim’s hand, laid down the victim’s hand, kids; (d) brought the victim into the driver’s seat and car, kids the victim’s hand by breaking up the driver’s shoulder; and (e) then the victim’s face, shoulder, hand, etc. to be reported as drinking; and (e) found the victim’s face, shoulder, hand, etc. to be reported as drinking; (e) tension and salt of the right hand part necessary for three weeks’s treatment; (e) tension and tension of the right hand part; and (e) tension and tension of the right hand part; and (e) string it.

Summary of Evidence

1. Part of the statement made by witnesses D in the third protocol of trial;

1. Part of the protocol of interrogation of the defendant by the prosecution as to the defendant

1. Statement made to D by the police;

1. Written statements prepared in D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to medical records of a victim);

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. A fine of two million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (i.e., the motive and background of the instant case, the fact that the Defendant has no previous conviction, and the character, conduct and environment of the Defendant);