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(영문) 수원지방법원 2016.11.18 2016고단4841
교통사고처리특례법위반(치상)
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 is engaged in driving duty of 7-FB15 (Construction Machinery) prior to a 1.5 ton of a vessel.

On May 31, 2016, around 18:05, the Defendant transferred materials to E company warehouses located in Ma in Ma in Ma in terms of e-mail. At that time, the employees of the company gone through the front of the company warehouse due to retirement hours. As such, the Defendant, who is engaged in driving, had a duty of care to safely drive after checking whether the Defendant was well able to live in the front of the company warehouse.

Nevertheless, the Defendant neglected the above duty of follow-up watch and neglected the duty of follow-up watch, and served the left side of the victim F (M, 45 years old) who was walking on the rear side of the above-mentioned vehicle with the rear wheels of the above-mentioned vehicle.

As a result, the Defendant suffered injury to the victim, such as the escape of the left body, for about 10 weeks of medical treatment, by the above negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] of the Act on the Suspension of Execution [the grounds for both types of punishment] general traffic accident [the scope of recommending sentence] general traffic accident field (4-1 year) [no person who has a special form of punishment] [the decision of sentence] is recognized as erroneous: the degree of injury suffered by the victim is not easy: the circumstances are recognized as favorable: the degree of injury is not easy; considerable damage recovery is being made through industrial accident compensation insurance; the defendant deposited 10 million won for the victim; there is no record of criminal punishment except for the above 20 years ago; the defendant deposited 10 million won for the victim; and the defendant did not have any record of criminal punishment except for the above 20 years ago, the sentence shall be determined as ordered by the decision.

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