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Defendant shall be punished by imprisonment without prison labor for four months.
Reasons
Punishment of the crime
On September 7, 2011, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Suwon District Court on September 7, 201 and completed the execution of the sentence on May 6, 2012.
At around 13:50 on September 18, 2012, the Defendant proceeded at a speed of about 70 km at a speed of 30 km from the three-lane road at the coastn Highway Seoul, westdo, Seoul, 307.8km.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely manipulating the steering direction and brakes.
Nevertheless, the Defendant neglected this and stopped on the right side of the same room by the negligence, and brought up the part on the left side of the said cargo, which was cleaned up by C(58) driver's cleaning vehicle, and the part on the upper side of the said cargo.
After all, the Defendant caused the victim E (year 51) who was accompanied by the cleaning vehicle due to the foregoing occupational negligence to inflict bodily injury, such as the mouth of the right upper frame, which requires approximately 12 weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. C’s statement;
1. A medical certificate (27 pages of investigation records);
1. Previous convictions in judgment: Application of inquiries, such as criminal records, and Acts and subordinate statutes on personal identification and acceptance status;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;
1. Grounds for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] April to October [the general aggravated factors] of the Criminal Act: In case where serious injury, other than serious injury, has occurred (type 1), the dismissal of prosecution is dismissed;
1. The summary of the facts charged was that the Defendant caused the victim C to suffer an injury to the scopical base, etc. requiring treatment for about two weeks by causing a traffic accident by negligence, such as the above facts charged, and at the same time destroyed the Defendant’s damage of approximately KRW 16,096,813 and KRW 1,271,568 of the cleaning car repair cost.
2. Determination: