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(영문) 울산지방법원 2013.09.12 2013고단2353
교통사고처리특례법위반
Text

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

However, 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

At around 16:30 on November 2, 2012, the Defendant: (a) was a person engaging in driving of B freight cars; (b) while driving a slope and a strong decline in the upper north-west 13 golf course from the upper north-west 13 course site in Busan Metropolitan City, the Defendant suffered from the injury of the victim C (Nam, 65 years of age) by negligence in the course of business, driving the victim on board and driving the f5 years of age; (c) the victim lost the center and falls down on the right side of the proceeding direction while falling down on the upper right side of the course; and (d) the said victim was faced with the head on the floor, causing the above victim to suffer from the injury of the two frame and the inner frame of the treatment days in detail; (d) other damages without the two inwards; and (e) other injury without any two inwards and the injury of the two inward brain and the

Accordingly, the Defendant caused the above-mentioned traffic accident to cause danger to the victim's life, and caused an incurable, incurable, or incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on actual condition of the police;

1. Application of Acts and subordinate statutes to a certificate of medical treatment and a investigative report (a medical opinion, etc.);

1. Relevant legal provisions concerning criminal facts, Articles 3 (1) and 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. According to Article 62(1) of the Act on the Suspension of Execution, a sentence of imprisonment without prison labor shall be chosen because of the occurrence of serious injury to the victim in light of the sentencing reason of Article 62(1) of the Criminal Act. The sentence is to be suspended in consideration of the fact that it is recognized as an industrial accident and partly compensates the victim through an insurance company, the developments leading up to boarding the victim and the developments leading up to the fall at the time

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