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(영문) 대전지방법원 논산지원 2014.12.26 2014고단391
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 21, 2014, at around 08:35, the Defendant, while driving a dup freight vehicle B, who was in front of the entrance of the “Newcom Co., Ltd.,” located in the So-to-eon movable property located in the So-to-eon, was negligent in the course of business, which did not well look at the rear. The Defendant received the front portion of the Victim C (A, 67 years old) driving 49cc, which was stopped at the rear of the Defendant’s cargo vehicle, from the rear part of the Defendant’s cargo vehicle, and had the victim exceeded the floor.

As a result, the defendant suffered a bruption of the 8 weeks of medical treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C’s police statement;

1. The application of the actual condition survey report, each photograph and diagnosis report, or the application of the video Acts and subordinate statutes;

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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);

2. Basic area of sentencing criteria [Determination of types] Transport Crime Group, General Traffic Accident Type 1 (Bodily Injury resulting from Traffic Accidents): None of special mitigation factors from April to October by a credit cooperative: None of special aggravation factors:

3. Determination of sentence: Four months of imprisonment without prison labor;

4. Whether to suspend the execution or not: There is no negative reason that there is no positive reason for the suspension of the execution or two years [the main reason for the suspension of the execution] (the reason for the suspension of the execution of the execution of the imprisonment without prison labor accompanied by probation and community service order). The positive reason for the suspension of the execution of the execution is that there is no serious reflective reason: negative reason that there is no criminal record of the suspension of the execution, and negative reason that there is no criminal record of the suspension of the execution or higher: social relation, and that there is no effort to recover damage

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