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(영문) 서울남부지방법원 2017.01.12 2016고단5116

교통사고처리특례법위반

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

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

Reasons

Punishment of the crime

On July 10:29, 2016, the Defendant: (a) driven the BM3 car and proceeded at the front distance of the BM3 car in the BM3 car located in the BM2 of the Jeju-Eup-Myeon in the BM3, from the high school located in the BM 6322, the Defendant did not confirm the signal despite the red signal at the intersection; (b) due to the negligence of entering the intersection without confirming the signal at the intersection, the victim C (e.g., the 57 years old) who driven at the right-hand turn pursuant to the Defendant’s new subparagraph (e., the victim C (e., the 57 years old), who was driven by the Defendant, was in need of approximately two weeks of treatment; (c) the injury of the victim E (73 years old); (d) the victim E (e.g., the 54 years old) who was on the left-hand side of the knee in need of approximately 6 weeks treatment; and (e) the victim’s injury necessary to the left-hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes by reducing the actual survey report (1), (2), photographs, each diagnosis report, and images;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act: The victims seems to have received compensation based on the comprehensive automobile insurance, and the primary offender; and

(k) Unfavorable circumstances: Violation of signal, the defendant's negligence is serious, and the victims' injury is not minor;

In this regard, various sentencing conditions, such as the background of accident, degree of damage, recovery of damage, and agreement, shall be considered.