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(영문) 광주지방법원 2017.12.14 2017고단3702
교통사고처리특례법위반(치상)
Text

The punishment of a defendant shall be determined by imprisonment without prison labor for three months.

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

Reasons

Punishment of the crime

Around 12:00 on March 9, 2017, the Defendant driven the Ortoba, while driving the Ortoba, and driving the Orabab, which was driven on the surface of the C, the C, the C, the C, the C, the C, the C, the C, and the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, and the C, the C, while not adequately looking at the B, the C, the C, and the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, was negligent in driving the E-tobabbb

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident involving D;

1. A traffic accident report, on-site inspection report, and on-site photographs of a traffic accident;

1. Investigation report (video analysis, signal system);

1. The signal system map;

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

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Amended by Act No. 14277, Dec. 2, 2016); Article 268 of the Criminal Act; Articles 268 of the Criminal Act; and Articles 3(1) and 3(2)1 of the former Special Cases Concerning the Settlement of

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the area where the reduction area (one month to eight months) is mitigated (the person who has been specially mitigated).

2. According to the decision of sentence, comprehensively taking into account all the sentencing conditions in the instant case, such as the circumstances as the Defendant’s age, sex, environment, the background and result of the instant crime, and the circumstances after the commission of the crime, the sentence shall be determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The injured party does not want to punish the accused.

There is a family member to support the defendant.

Unfavorable circumstances: Medical treatment shall be given to the victim due to gross negligence of the defendant's violation of signal.

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