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(영문) 수원지방법원 성남지원 2013.03.21 2013고단225
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who drives a freezing train B.

At around 12:10 on January 10, 2013, the Defendant: (a) driven the above tower and supplied goods to the commercial building in front of the 1st commercial complex of the Yaeung-dong, Yanam-si, Sungnam-si; and (b) neglected to enter the parking lot and neglected to take delivery on the rear side of the mast-si; and (c) caused the victim C (the 66 years old) to go beyond the floor by taking back the part back of the above tower on which the Defendant driven; and (d) caused the victim to suffer approximately 12 weeks of the structural return requiring medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. The provisions of Acts and subordinate statutes for traffic accident reports (1) (2) and investigation reports;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The punishment shall be determined by taking into consideration the following factors: the reason for sentencing under Article 62(1) of the Criminal Act is against the defendant; the primary offender; the fact that the defendant has agreed with the victim; the degree of injury; the character and conduct of the defendant; and

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