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(영문) 대전지방법원 2018.11.15 2018고단2617
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2018, when the Defendant, who is engaged in driving for the fork owner vehicles, drives a car in front of the C factory warehouse in Sejong City, and carrying the cremation site into the cargo vehicle, the Defendant did not look at whether there are other persons within the radius of the fork owner vehicles, and did not take into account whether there are other persons, and did not take into account the following parts of the fork owner D (70 years of age) in the rear part of the vehicle, which was in front of the fore part of the fore owner vehicles. While continuing, the Defendant sustained the victim’s left side buckbucks with the wheels of the fore owner, and suffered the victim’s injury, such as cutting down the frame at the bottom of the buck that was accompanied by the 8-day non-pelbbbbbbbbbs that require treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes for medical certificates, field photographs, and investigation reporting;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents) (Article 62(1)1 of the same Act on the Punishment, etc. of Traffic Accidents) (Article 62(2)1 of the same Act on the Punishment, etc. of Death and Injury in the same job even in 2004); however, the degree of damage does not correspond to

1. The community service order under Article 62-2 of the Criminal Act;

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