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(영문) 청주지방법원 영동지원 2014.01.16 2013고단130
교통사고처리특례법위반
Text

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

except that 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 March 25, 2013, at around 17:30 on March 25, 2013, the Defendant driving a Bco-do cargo vehicle as its duties, and the Defendant continued four national highways prior to the East-dong, Young-dong, Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do, to a yellow area.

On the front side, the victim C(63 years old) was driving the D Poter Cargo in the same direction, so in such a case, the driver of the vehicle has a duty of care to secure and keep the safety distance to avoid when the vehicle stops.

Nevertheless, the Defendant neglected this and continued in close vicinity of the truck, but did not reduce the speed of the truck, and received the above part of the truck as the front part of the truck.

Ultimately, the Defendant suffered from a serious injury on the part of the victim, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The first police interrogation protocol against the accused;

1. Statement to E by the police;

1. Each medical statement (whether serious injury is involved);

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment: Not more than five years of imprisonment without prison labor;

2. The scope of sentence recommended on the sentencing criteria [type of crime] traffic crimes, general traffic accidents, or injury or serious injury to traffic accidents (person under special circumstances] are caused, the area of aggravation [decision of the scope of sentence] (the area of imprisonment without prison labor for August through June).

3. Determination of sentence: The fact that the defendant's negligence during the period of eight months of imprisonment without prison labor or two years of suspension of execution caused serious injury to the victim, the victim was not fully agreed with the victim, and the victim was willing to punish the defendant.

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