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(영문) 대전지방법원 서산지원 2015.07.16 2015고단271
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than 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 the business of driving B concrete mixed trucks.

On February 12, 2015, the Defendant: (a) driven the said truck without a driver’s license on February 14:15, 2015; and (b) driven the front of C road in the direction of Western at the right direction, and driven the instant truck, the Defendant had a duty of care to safely proceed at a safe speed and by sending the signal, such as a horn, etc., depending on the road condition.

Nevertheless, the defendant neglected to do so and negligently received the front part of the driver's seat of the victim's freight truck that was left left at the direction of MMM in the direction of MM in Korea from the direction of the right edge.

Ultimately, the Defendant suffered injury to the victim, such as brain salvins, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) and the register of driver's licenses;

1. Report on internal investigation (F telephone communications);

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendations] General Traffic Accidents in Type II (Crime of Automobile Accident Death, etc.) (Special Mitigation) [including efforts to recover damage] penalized personnel (including special mitigation personnel] [the decision of sentence] Defendant does not accurately consider the direction of the vehicle in front while the driver's license is revoked.

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