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(영문) 부산지방법원 2018.04.10 2018고단652
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B-II cargo vehicles.

On December 12, 2017, the Defendant driven the above cargo vehicle at a speed of about 50-60 km from the shore to the shore of South-west Sea on December 12, 2017, and was permanently stationed in the South-west Sea of South-west Sea of South-west, and led to the speed of about 50-60 km from the shore to the shore of moving.

Since there is a road at a bend one-lane with a central line installed, there was a duty of care to safely drive the steering gear and brakes by accurately manipulating the steering gear and brakes with the driver of the motor vehicle in such a case.

Nevertheless, the Defendant neglected to keep the front line in front of the said cargo vehicle, which was driven by the victim C, who was going to keep the vehicle on the opposite lane due to the negligence of the business which caused the central line, was shocked by the front part of the said truck.

As a result, the Defendant caused the victim to suffer injury due to the above occupational negligence by causing the victim to suffer from the injury of the victim, such as the upper part of the left part of the 16 weeks of treatment, the opening of the upper part of the upper part of the left part of the 16 week of treatment, or the cutting of the external wound of the son who is unknown at her, her, and her retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) (2)

1. Application of Acts and subordinate statutes to medical certificates, heavy injury opinions, and statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The case where the illegality of the sentence in Article 62(1) of the Criminal Act is serious (excluding subparagraph 1) in the area of aggravation (eight months to two years) (including special mitigation (aggravating) / In the case of serious injury (including a serious effort to recover damage) / In the case of special mitigation (a type) / In the case of serious injury (excluding subparagraph 8) in Article 3(2) proviso (a) of the Act on the Special Cases of the Republic of Korea (a decision on the sentence] agreement with the victim.

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