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(영문) 서울북부지방법원 2016.06.16 2016고단1098
교통사고처리특례법위반
Text

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

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

The defendant is a person who is engaged in the operation of a C digging groundr.

On November 28, 2015, at around 05:30, the Defendant received the front part of FOtoba, which was driven by the victim E, who was fright from the opposite lane due to occupational negligence near the central line, from the direction of the rice farm, and had the said E receive the front part of FObaba, which was driven by the victim E, from the opposite direction due to occupational negligence, and caused the death of the said E while receiving medical treatment at the hospital due to the king SOba university sexual oba located in 180, 06:28, around the same day. On the same day, the Defendant suffered from the injury of the victim G, who was on board the said Obaba, such as 16 weeks of pulver executives requiring medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. A medical certificate of death or a medical certificate of injury;

1. Application of Acts and subordinate statutes on traffic accident reports;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3(1) and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act (the occupation of the death or injury caused by occupational negligence or by occupational negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Recommendation type according to the sentencing criteria (the sentencing criteria shall not apply, but shall be taken into account only the lower limit of each crime, as each crime in the judgment is in a win-win relationship);

(a) Class 1 crime [Type 1] and Class 2 (Special Sentencing Death, etc.) of the General Traffic Accidents Act (including Special Sentencing Persons): The mitigated element of punishment (including serious efforts to recover damage): Decision on the recommended area] mitigated area [the scope of recommendation] from April to October [the mitigated element of general sentencing] mitigated area

B. Class 1 (Bodily Injury resulting from Traffic Accidents) (Special Sentencing Person) of the Act on the Punishment of Traffic Accidents: The mitigated element of the Act on the Punishment of Traffic Accidents (Special Sentencing Person).

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