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(영문) 의정부지방법원 2014.12.02 2014고단3410

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 28, 2014, at around 17:50 on July 28, 2014, the Defendant driving a driving driver of a driving school, and driving a car in the C, Grandland C, and driving a 759-ro, Jinnam-ro, Nam-ro, 759, the front side of the 7 Bo Young apartment, the two sides of which are about 40 km per hour, toward the south of the city, the Defendant was the victim D (the age of 43) E-V or the front part of the vehicle driving vehicle in the front part of the Defendant’s vehicle.

The Defendant caused, by its occupational negligence, the injury to the victim D, such as a fresh of the body body of a middle water that requires approximately six weeks of medical treatment, and the victim F (the 36 years of age) who is the passenger of the victimized vehicle, by the victim F (the fresh, etc.) of the damaged vehicle for about six weeks of medical treatment, and the victim G (the fresh, the fresh, and the 13 years of age) who is the passenger of the Defendant vehicle for about two weeks of medical treatment, respectively, to the left side of the water unit requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each written diagnosis (D, F, G);

1. Application of the traffic accident report, the on-site inspection report, and the Acts and subordinate statutes governing the accident;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] for General Traffic Accidents in the Reasons for Sentencing [Determination of the area of recommendation] : From April to October of the basic area / [Scope of recommendation] / [general person] : Subscription to comprehensive motor vehicle insurance, serious reflectness, and no history of criminal punishment - In cases of serious injury not serious injury: Central Line / Suspension of Execution / Where there occurs serious injury which is not serious injury, the Central Line / Whether positive reason for suspension of execution / Whether positive reason for suspension of execution / Social relation is clear, serious reflectness, age of the defendant, and total motor vehicle insurance (general) - Reasons for negative consideration: Central Line : Central Line / [Determination of Sentence] 10 months, and 2 years of suspension of execution;