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(영문) 수원지방법원 안양지원 2018.11.27 2018고단874
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On March 10, 2018, the Defendant driven a B Poter Cargo on March 10, 2018, while driving the 23:07 B Poter, and proceeding the 17th parallel of the 2nd mar, located in the city of Ansan-gu, in the direction of the public, from the surface of the long distance of inducuk, to the long distance of the 17th marb.

It was possible to make a left-hand turn turn turn, but the defendant's negligence in the U.S. U.S. U.S. U.S. U.S. left-hand turn, which passed the U.S. distance in accordance with the U.S. U.S. U.S. U.S. No. 26(S) in the opposite direction to the front part of the U.S. car driving.

Defendant 1 suffered approximately six weeks of medical treatment due to such occupational negligence from the victim’s left-hand body’s shution.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

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

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 the recommended punishment on the sentencing guidelines: April to one year (the scope of the recommended punishment) of imprisonment without prison labor; the basic area (four months to one year) (the person causing a traffic accident) of the types of general traffic accidents; and

2. Various sentencing conditions should be taken into account, such as the fact that the sentence is against the decision of sentence, the fact that there is a previous conviction for the same suspension of execution, the fact that the insurance proceeds are subscribed to liability insurance, the fact that the insurance proceeds are repaid to the counterpart insurance company that paid the victims after the traffic accident in this case, the age, sexual behavior, environment, circumstances before and after the crime.

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