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(영문) 의정부지방법원 2015.01.29 2014고단3063
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 15:30 on October 16, 2012, the Defendant parked Cone Star Car on the road front of the students' hall at the Taejin University located in the Pacheon-si.

Since the place has a road that is a downway, there was a duty of care to safely park the vehicle so that the driver of the vehicle can not reduce the vehicle by accurately operating the brake system, such as a brack, when parking the vehicle on the vehicle.

However, by neglecting the above duty of care, the defendant parked without properly manipulating the sloping, and caused the driver's car from the car by negligence, which led to the defendant's driver's car, which led to the driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver'

The Defendant caused a serious injury to the victim D due to the above occupational negligence, such as 16 weeks of treatment on the right upper part, the upper part of the upper part of the body, and the upper part of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement of E and F;

1. Medical certificate (D), investigation report (report accompanied by a medical certificate of post-treatment disorder);

1. Application of the practical survey report, each field photographic statute;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of types] for general traffic accidents (the person causing a traffic accident) - Where serious injury occurs (decision of the recommended area] in the case of serious injury (decision of the recommended area] in the area of aggravation [the scope of recommendation] in August to one year and six months [general person] in the area of aggravation [the scope of recommendation] - In the case of mitigation factors: One year of imprisonment without prison labor, two years of suspension of execution, community service time 160 hours;

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