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(영문) 수원지방법원 여주지원 2013.11.25 2013고단933
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 July 30, 2013, the Defendant: (a) was a person engaged in the driving of Hyundai 13 metric Truck; (b) around 13:05 on July 30, 2013, the Defendant: (c) driven the above vehicle; (d) driven the vehicle at the front part of the vehicle driving by the Defendant at the right edge of the said truck; and (d) was driving the vehicle at approximately seven weeks on the left side of the lower part, and was driving from the lower part to the south side; and (e) was unable to stop because there are many cargo on the vehicle without reducing speed; and (e) was due to the occupational negligence by which the victim C (the age of 58) who entered the intersection of the red signal in violation of the signal signals entered the front part of the vehicle at the right edge of the said truck driving by the Defendant; and (e) suffered injury, such as the opening of the left part of the 4,5-day balance of the road necessary for treatment of the victim for about seven weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report (1), 2 (2);

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Special Cases concerning the fact that the defendant's driver's vehicle is subscribed to mutual aid);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment] The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Probation, etc. [the scope of punishment] the traffic crime group, general traffic accident, and Type 1 [Special Convict] No person: No special mitigation: [the scope of recommendation] (the scope of punishment] any person who has been under special mitigation: April to October (the basic area) of the credit cooperative (the general person)] where there is serious injury not serious injury, or where there is any other serious injury not serious injury, or where it falls under the proviso to Article 3(2) of the Act on the Special Accounts: A general mitigation: A person who has subscribed to the mutual aid [the whether or not a person has suspended the execution]: There is no major reason for the general mitigation; a person who has received positive deduction

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