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(영문) 광주지방법원 2014.12.18 2014고단3312
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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 C Freight Vehicles.

On May 16, 2013, the Defendant: (a) driven the above cargo vehicle on the 12:14th day of May, 2013, and led the victim F (V, 70 years of age) who was a passenger of the said vehicle to suffer serious injury, such as scarf, etc. due to scarf, etc., due to scarf, etc., by negligence in the course of business, which neglected to perform a boom-gun-gun-gun, while driving a road adjacent to the gyeong-dong of Gwangju Mine-gu, which is located in the gyeong-dong of Gwangju Mine-gu, on the surface of the gyeong-gun-gun-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of a copy of the police statement in G and D;

1. Application of each Act and subordinate statute to describe a copy of the actual survey report and a statement of opinion (whether a person is a serious injury);

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 selection of

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

1. In order to determine the term of imprisonment without prison labor within the scope of recommending the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, considering favorable circumstances, such as the following: (a) the weighted area of the first type of traffic accident (the injury caused by traffic accidents) (8 to 16 months); (b) the victim suffered serious injury due to the instant accident; and (c) the fact that the victim did not reach an agreement with the victim was partly considered in unfavorable circumstances or the developments leading up to the instant occurrence; and (d) the deposit of KRW 10 million for the victim after the prosecution; and (e) the subscription to a comprehensive insurance,

It is so decided as per Disposition for the above reasons.

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