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(영문) 수원지방법원 2013.11.28 2013고단2935
교통사고처리특례법위반
Text

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

However, 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 of C4.5 tons of cargo vehicles.

On April 27, 2013, the Defendant driven the above cargo vehicle on April 27, 2013, and proceeded at a speed of about 80 km from the two-lanes in Seoul in the direction of brea, the coast Highway 303.4km located in the Haak-ri in the Gyeonggi-si in the Gyeonggi-do.

At all times, the victim D(53 years old) driver E is driving, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely operate the steering and steering system by accurately manipulating the steering and steering system.

Nevertheless, the Defendant did not discover the victim's driver's vehicle of one ton of cargo, which had been driven prior to the failure to perform the duty of her prior to the operation of the NAA while neglecting the duty of NAA, and received the part of the above five tons of cargo, following the 1 ton cargo vehicle and the part of the 1 ton cargo vehicle.

The Defendant suffered from a serious injury to the victim, such as a sexual intercourse (hump), which requires at least eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to requests for cooperation in investigations (a written statement as to whether a victim is seriously injured);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The punishment as shown in the Disposition shall be determined in consideration of the matters prescribed in Article 51 of the Criminal Act, such as the fact that the Defendant’s driving vehicle with the reason of sentencing under Article 62-2 of the Criminal Act is subscribed to the Financial Cooperative, that the Defendant has no criminal record of suspended execution or heavier punishment, that the Defendant deposited 5,150,000 won in total for

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