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(영문) 서울북부지방법원 2017.03.29 2016고단5471
교통사고처리특례법위반(치상)
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 driving service of BCA110V.

On December 4, 2016, the Defendant driven the above 00:35, and proceeded with the victim D (W, 20 years of age) who walked on the crosswalk in accordance with the signals of the company at the front of Dongdaemun-gu Seoul, Dongdaemun-gu, and the front part of the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, and the C, the C, the C, the C, the C, the C,

The Defendant, by such occupational negligence, caused a victim to suffer from a blood wound from one side of the traumad props with two open wounds requiring approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

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. Scope of applicable sentences under law: One month to five years of credit cooperatives;

2. Where the illegality in the area of aggravation (from August to two years) (excluding the case of a special aggravated person) of the type of traffic accident (excluding subparagraph 8) in the proviso of Article 3 (2) (proviso) of the Act of Special Cases to the extent of a recommended punishment according to the sentencing guidelines is serious, or in the case of a climatic driving, the scope of a recommended punishment according to the sentencing guidelines for general traffic accident.

3. The fact that the degree of injury suffered by the victim who was sentenced to a sentence is grave, that it is not agreed with the victim, and that it was grossly negligent in causing an injury to the pedestrian who dried the crosswalk while proceeding in violation of the signal at night.

On the other hand, the fact that the majority has not reached the age of majority and that there is no flight force is a favorable condition.

In light of the above circumstances, the sentencing conditions, such as character, conduct and environment, etc. of the defendant, the punishment as ordered shall be determined.

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