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(영문) 수원지방법원 여주지원 2017.08.11 2017고단612
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving construction machinery B 7 tons or more.

On January 26, 2017, around 14:30, the Defendant was on board the said shop to move the location of a container at the end of the new construction site of a factory in Ischeon-si, Leecheon-si.

At all times, as a new construction site of a factory, there was a duty of care to safely drive the vehicle after thoroughly considering the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care

Nevertheless, the Defendant neglected to do so and did not carefully check the rear side, and got a victim D (74 tax) who was in a mobile phone call from the rear side of the next side of the Defendant, and got her wheels with the wheels, and suffered approximately 12 weeks of treatment of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a written statement;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The Defendant’s negligence, which caused the vehicle to take the vehicle without properly examining the risk of the occurrence of a reason for sentencing under Article 62(1) of the Criminal Act at a construction site where there is a high risk of the occurrence of a reason for sentencing, is heavy, and the degree of damage caused by the Defendant’s negligence as well as the degree of damage caused by the Defendant’s negligence is heavy, and the Defendant’

However, it is advantageous to the defendant, such as the fact that the defendant was aware of and against the crime of this case, that the defendant was the first offender with no criminal history, and that the defendant seems to have been partly recovered from the insurance purchased by the vehicle.

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