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(영문) 인천지방법원 2018.11.22 2018고단3124
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six months: Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle with a pedestrian auxiliary suspect with the second degree of brain-disease disability.

On January 5, 2018, the Defendant driven the vehicle of the above pedestrian auxiliary suspect C in the Southern-gu Incheon Metropolitan City and had the victim D (V, 48 years old) who was in the front of the road in front of the fact that he was in front of the fact that he was in front of the road in the Southern-gu B, Incheon, and had the victim D (V, 48 years old) who was in front of the above pedestrian auxiliary suspect D and was in the front of the road, and did not properly control the vehicle damaged by the above pedestrian auxiliary suspect due to the occupational negligence, and caused the victim's bridge over the lane of the above pedestrian auxiliary suspect, and caused the victim to suffer the victim's injury by the wave of approximately twelve weeks, which is the 12 weeks of the need for medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

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

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: From one month to five years of imprisonment without prison labor;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of punishment] shall be limited to the category of negligent homicides, the type 2 (the injury resulting from occupational, gross negligence or gross negligence) (the person subject to special sentencing] increased factors: Where an injury occurs among the increased factors (the person subject to special sentencing] mitigated factors: From April to October of imprisonment without prison labor (the scope of the recommended punishment).

3. Determination of sentence: The crime of this case committed by the defendant for six months of imprisonment without prison labor and one year of suspended execution is a serious injury requiring 12 weeks of care by shocking the victim of the vehicle damaged by the pedestrian suspect. However, the crime of this case is not good, but the defendant's mistake is against his/her own mistake while recognizing the crime of this case, the defendant's insurance company and the victim who joined the crime of this case have agreed that the injured person is not subject to punishment against the defendant, the defendant is a disabled person of Grade II due to cerebral disease, and the defendant has a record of crime other than a fine for a single offense and a suspended indictment for a single time.

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