(영문) 광주지방법원 2017.05.11 2017고단168

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(영문) 광주지방법원 2017.05.11 2017고단168

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

On December 6, 2016, the Defendant driven a CA car at around 09:10, and proceeded with the franchising distance in Seo-gu, Seo-gu, Gwangju, Gwangju, and caused the victim D (35 years old) who was directly driving in the direction of Gwangju Station due to the occupational negligence of bypassing the safety zone set up in the direction of Gwangju, on the ground that there are too many vehicles waiting in the direction of Gwangju Station while bypassing the direction of the Pacos in the direction of the Pacos in the direction of the Kacos, driving in the direction of the Kacos, driving in the direction of the Kacos, and driving in the direction of the Kacos, driving in the direction of the Kacos high school, and caused the victim to suffer approximately six weeks of the left part of the car driven by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. Application of traffic accident reports, inspection reports, and photographs of accident scene Acts and subordinate statutes;

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

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include: (a) the fact that the defendant reflects the crime; (b) the vehicle of the driver of the defendant is covered by a comprehensive insurance; and (c) the fact that the injured party does not want the punishment of the defendant as agreed with the victim during the public trial process after prosecution; and (d) other factors of sentencing as indicated in the arguments of this case, such as the defendant’s age, sexual conduct, environment, family relationship, motive, means and consequence of the crime; and (e) the sentence is determined as ordered

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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