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(영문) 의정부지방법원 고양지원 2017.03.14 2016고단3642

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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

The Defendant is a person engaging in driving a rocketing car.

At around 14:45 on November 7, 2016, the Defendant driven the said car and proceeded to turn to the left at the right side of the victim D(47 years old) No. 150 on the opposite direction due to occupational negligence while driving the said car on the front of the instant car at the new fireworks 179 at the time of the strike from the diplomatic distance protection area, and driving the front of the instant car to the right side of the said car.

Ultimately, the Defendant caused the victim D to the above occupational negligence that caused the victim D to undergo approximately two weeks of treatment, and caused the victim FF (75 years of age) who was aboard the bus to suffer from approximately eight weeks of pressure pressure in spine, etc. requiring approximately 8 weeks of treatment, and the victim G (V, 62 years of age) to undergo approximately two weeks of treatment, and the victim H (V, 39 years of age) to undergo approximately 1 week of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each medical certificate, each traffic accident report, and the application of photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 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 Competition;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "contributative circumstances in favor of the reasons for sentencing"): The same shall not apply to cases where four victims have suffered bodily injury by causing traffic accidents while putting in place the central line and making a left turn at the left, and the degree of damage is also minor;

The favorable circumstances: The mistake is recognized, and reflects it.

In 192, there is no record of any other crime except a fine imposed on one occasion for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The defendant's vehicles are covered by the comprehensive automobile insurance.

In addition, this case, such as the age, sex, family relationship, motive for committing a crime, circumstances after committing a crime, etc.