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(영문) 인천지방법원 부천지원 2016.04.29 2016고단575
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

On February 28, 2016, the Defendant is a person engaging in driving BM7 vehicle. On February 19, 2016, when driving the above vehicle around 19:03, the Defendant went to the left from the west-gu, Seocheon-si, Seocheon-si, by driving the above vehicle, and driving it to the left from the west-gu, Seocheon-gu, Seocheon-si, the Defendant received the front part of the victim E (n, 76 years old) who crosses the crosswalk installed in front of the Defendant’s course to the left from the right side of the crosswalk due to the occupational negligence of the Defendant, while neglecting his duty at the front left and left.

After all, the defendant suffered from the above occupational negligence that requires a victim to take approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A traffic accident report;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (including circumstances favorable to the accused);

1. The sentencing criteria [the range of recommending punishment] the category 1 (Bodily Injury resulting from Traffic Accidents) (one to six months) (including specially mitigated persons) in the mitigation area; and

2. Determination of sentence shall be made in full view of the factors of sentencing that are favorable to the defendant, such as that there was no record of punishment for the same kind of crime, and that there was an agreement with the victim, and that there was an agreement with the victim, etc., that the defendant was shocking the victim who dried the crosswalk, the victim suffered physical and mental pain due to the crime in this case.

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