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(영문) 수원지방법원 안산지원 2013.06.25 2013고단325
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

The defendant is engaged in driving cars without a license plate.

On July 3, 2012, the Defendant driven a motor vehicle in front of around 20:30, and was under work at the product shipping site in the Silung-si Co., Ltd. 3Da 201 (D) building.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the defendant did not discover the victim E (the 60 years of age, remaining) who was working on the side of the cargo vehicle in the shipping site of the product due to negligence after neglecting this, and did not discover the victim E (the 60 years of age, remaining) and shocked the part of the above victim on the right side of the former.

As a result, the defendant suffered damage to the above victim by negligence in the course of his/her duties, who is a small person with an open room within the lecture that requires approximately two months of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to E by the police;

1. Medical certificate (Evidence of 21 pages);

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to the place of accident and the photographive photoker;

1. It is so decided as per Disposition for the following reasons: Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and injury caused by occupational negligence, the choice of imprisonment without prison labor), the injury of the victim for sentencing, and the victim wishing to punish. It is so decided as per Disposition for the above reasons.

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