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(영문) 의정부지방법원 고양지원 2018.04.12 2017고단3736

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 who is engaged in driving of Brane XG car.

On October 30, 2017, the Defendant driven the above car at around 18:20, while driving the car and driving the front road at the speed of about 30 km from the boundary of the mountain basin to the front road at the speed of 1:30 km from the front line, and caused the Defendant’s injury to the victim D (W, 43 years old) who was going to the right from the left side of the Defendant’s proceeding to the right side at the right side of the opposite lane when the Defendant was negligent in the course of his duties, which was going to the middle line at the speed of about 8 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Application of the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of the suspended sentence [the scope of recommendation] The scope of general traffic accidents [the scope of punishment] shall be the mitigated area (one month to eight months of imprisonment without prison labor] [the special mitigated person] and the sentence not to punish a person who is not subject to punishment (including a serious effort to recover from damage]: The defendant who committed a violation of the one-year central line of the suspended sentence in April of imprisonment without prison labor is not less severe than the occupational negligence of the defendant who committed the instant traffic accident, and the degree of injury suffered by the victim is more serious.

In 2011 and 2013, the Defendant was punished by a fine for drinking driving twice in 2011 and 2013, and considering these records, it seems that the Defendant’s intent to comply with the traffic laws and regulations is insufficient.

However, the defendant reflects his wrongness.

After the occurrence of the instant traffic accident, the Defendant took necessary measures, such as aiding the victim, and agreed with the victim.

Defendant's vehicles are covered by comprehensive automobile insurance.

In addition, the defendant's age, sex, living environment, circumstances after the crime, etc.