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(영문) 전주지방법원 2016.05.17 2016고단109
교통사고처리특례법위반
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

The Defendant is a person who is engaged in driving cars of off-line cargo vehicles C.

On November 2, 2015, the Defendant, at around 18:50, 2015, took the front of the road at the entrance of a new village at a point of 100 meters in the Sung-dong direction from the right side of the port to the right side of the port, while proceeding two lanes from the Dori-ri, which is located in the Dori-gu, Seo-gu, Jin-dong, Seo-gu, Jin-gu, Seoul., the Defendant got the victim D (e.g., 57 years of age) who was proceeding in the same direction on the right side of the above cargo, due to negligence of failing to accurately operate the steering and brake system.

As a result, the Defendant caused an accident due to the above occupational negligence, thereby resulting in an injury to the victim on the part of the victim, who is in need of approximately 20 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, a traffic accident report, and photographs, such as the scene of an accident;

1. Investigation report (verification as to whether the husband of the victim D has injured the other party E);

1. Business cooperation (related to serious injuries) and response to entrustment;

1. Application of Acts and subordinate statutes of a medical certificate;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [the scope of the recommended punishment] The grounds for sentencing under Article 62-2 of the Criminal Act [the grounds for sentencing [the scope of the recommended punishment] / [4 months to October] of the basic area of traffic accident (the person subject to special mitigation] / [the person subject to special mitigation] / the scope of sentence comparison between the applicable sentences and the recommended sentences: April to October / [the sentence] - The circumstances unfavorable to the defendant - The above special aggravated factors (the occurrence of serious injury): The above special mitigated factors, relief measures after the accident, the comprehensive automobile insurance policy, the serious reflects, and the suspension of execution - Other factors that are the conditions for sentencing under Article 51 of the Criminal Act;

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