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(영문) 의정부지방법원 2014.05.22 2014고단463
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On October 19, 2013, the Defendant is a person who is engaged in driving of Category C cargo vehicles. On October 15, 2013, the Defendant was driving a Poter freight vehicle from around 107:0 to 106 km from the direction of 107,000.

Since the apartment complex is an apartment complex, there was a duty of care to safely drive the steering system and the steering system in the vicinity of the vehicle.

Nevertheless, the Defendant neglected the above duty of care and did not discover the victim D (n, 44 years old) who was under way to throw away waste at the rear side of the cargo vehicle of the Defendant, and received the back part of the cargo vehicle of the Defendant and went beyond the floor.

The Defendant caused a serious injury to the victim due to the above occupational negligence, such as double alleys requiring treatment for about six months, which are equivalent to those of a vegetable plant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of opinion;

1. Application of Acts and subordinate statutes to practical survey reports, ctV images, investigation reports (case of accident circumstances, ctv verifications).

1. Article 3 (1) and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : April to October, the basic area [special mitigation (special mitigation) - mitigated person: No person in charge of punishment (agreement with the injured party) - Where serious injury has occurred (decision of sentence] imprisonment without prison labor for 8 months, suspension of execution 2 years, community service 80 hours;

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