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(영문) 수원지방법원성남지원 2020.09.09 2020고단548
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of B and C;

1. The application of Acts and subordinate statutes governing CCTVs, such as reports on the occurrence of a traffic accident, reports on the hearing of statements, photographs of the scene of the accident, reports on the processing of 112 reported cases, medical certificates, opinions of doctors, field photographs, investigation reports (whether the video image analysis of the accident and the application of central bed), traffic accident reports, and CCTV video CDs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the reasons for sentencing) was that the Defendant, while driving a two-wheeled vehicle, was faced with serious injury to pedestrians by shocking the central line.

Even though there is a large degree of negligence and result, it shall not be punished strictly.

However, there is a reason that the defendant is against the defendant, and the victim also committed an illegal crossing, and it was difficult for the defendant to anticipate the unauthorized crossing of the pedestrian.

In addition, the defendant was the first criminal without criminal punishment, and was the juvenile of 18 years old who was well aware of the judgment and decentralization at the time of committing the crime.

In addition, the defendant's age and health, family relations and living environment, the details and result of the crime, the circumstances revealed in the arguments, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines shall be determined as per the order.

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