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(영문) 서울남부지방법원 2015.12.03 2015고단4231
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years 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 concrete mixture truck.

On August 16, 2015, the Defendant driven the above truck on August 16, 2015, and moved down bypassing the three-lanes from the 3-lane distance to the 33-lane from the 3-lane side of the company bank located in the 740-5, Yeongdeungpo-gu, Seoul Metropolitan Government.

As a narrow side road where the defendant intends to proceed bypassing, there was a duty of care to prevent accidents by accurately manipulating the front side and the left and the right of the driver of the motor vehicle and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and instead neglected the right and the right and the right and the right and the right and the right and the part of the bicycle driving by the victim C (nine years of age) who was driving on the right and right side of the truck of the Defendant with the back wheels of the Defendant’s truck driving in the right and right side of the Defendant’s truck driving, and caused the victim to go beyond the floor, and the lower part of the victim’s lower part of the victim’s truck to the back wheels of the Defendant’

As a result, the Defendant suffered serious injury to the victim due to the above occupational negligence, such as marrheat, flaverization, and damage to growth markets, which require approximately 14 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A traffic accident report, a statement of the occurrence of a traffic accident, and on-site photographs;

1. Application of Acts and subordinate statutes to each medical certificate, written statement of intention in charge, investigation report (verification, etc. of the status of a victim), and investigation report;

1. Article 3 (1), the proviso to Article 4 (1) 2, Article 268 of the Criminal Act concerning facts constituting an offense, Article 3 (1) and Article 4 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents through the Selection of Punishment

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommending punishment] damage to the basic area (the person who is specially mitigated) of the first category of traffic accident (the injury caused by traffic accident).

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