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(영문) 서울중앙지방법원 2017.05.17 2017고단1811
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 driving of B Poter cargo vehicles.

On February 23, 2017, at around 10:25, the Defendant shocked the body part of the victim D (V, 67 years old) who walked on a e-mail reported by the Defendant, due to the negligence that took place without viewing the e-mail on the front side of the Dongjak-gu Seoul Metropolitan Government, Seoul, and due to the negligence that took place without viewing the e-mail, as the back part of the cargo vehicle of the Defendant’s driver.

Ultimately, the Defendant caused the victim to suffer injury, such as pulverization of pulverization for about 8 weeks, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site survey reports and reports on the occurrence of traffic accidents;

1. A written statement on the occurrence of each traffic accident;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where the reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] is serious in illegality in the area of aggravation (8 months to 2 years) of the type of traffic accident (the injury caused by traffic accidents) [the special aggravated person] of Article 3 (2) proviso (excluding subparagraph 8) of the Act of the Special Cases of the Teaching Service, or in the case of a bomb driving;

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