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(영문) 수원지방법원 2017.06.20 2017고단1374
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

On January 2, 2016, the Defendant: (a) was a person engaged in driving the freight truck of D 1 ton II Free Ferry II; (b) was driving the nn cargo vehicle of the nn truck of the two freezing II on January 2, 2016; and (c) had the victim E (n, 20 years old) who was standing on the right side of the Defendant’s proceeding with the two-lane crossings in which the signals, etc. are installed in front of the second apartment complex located in the direction of the eropic in the direction of the eropic in the direction of the eropic in the direction of the eropic; and (d) discovered the victim’s walking along the crosswalk at the right side of the eropic in the direction of the Defendant’s proceeding at the right side at the speed of the two-lane crossings, with the victim’s e-mail (n, 20 years old) who was standing on the left side of the crosswalk, and caused the victim to undergo hospitalized treatment for at least three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement prepared by the F;

1. A criminal investigation report (verification of accident images);

1. The actual investigation report on traffic accidents;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Where the scope of the recommended punishment according to the sentencing guidelines [the types of decisions] is [the scope of the recommended punishment], traffic crimes, general traffic accidents, types 1 (the injury resulting from a traffic accident) [the person subject to special sentencing] mitigated factors - the aggravated aggravated factors of punishment - Where serious injury occurs, the illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the violation of signal signals, the violation of duty to protect pedestrians at crosswalks] [the scope of the recommended punishment] increased area, eight months or

3. The following circumstances and the defendant's age, family relation, sex, environment, motive and circumstance of the crime, means and method of the crime, and post-crime.

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