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(영문) 춘천지방법원 강릉지원 2014.04.25 2014고단121
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 a motor vehicle by borrowing the motor vehicle.

On January 19, 2014, the Defendant driven the above car on January 13:35, 2014, and operated the sloping intersection from the north Eastern to the gold Jin-ri side.

At that time, since there is a signal signal, a person engaged in driving service has a duty of care to safely operate according to the signal signal, etc.

Nevertheless, the Defendant: (a) was negligent in the fault of the vehicle stop signal, and the front part of the motor vehicle driven by the victim D (the age of 56) who was directed toward the scopic from the scopic on the right side of the motor vehicle, which was driven by the victim D (the age of 56).

Ultimately, the Defendant suffered injury, such as cage cages, which require approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect as to D prepared by the police;

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 concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributive circumstances”) of the suspended sentence;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing criteria: Traffic crime group, general traffic accident, injury by traffic accident (special person) - mitigated factors: Reduction area of punishment [the scope of the recommended area and the sentence of recommendation]: Not more than six months;

3. The fact that a victim’s serious injury has occurred is the sentencing factors disadvantageous to the Defendant.

However, the above punishment shall be determined in consideration of the fact that the automobile insurance contracts and the victim's payment of KRW 4.5 million is agreed upon.

It is so decided as per Disposition for the above reasons.

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