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(영문) 의정부지방법원 고양지원 2018.08.30 2018고단1617
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

The Defendant is a person engaging in driving a rocketing car.

On May 16, 2018, the Defendant proceeded along the two-lanes of the Seoyang-gu, Seoyang-gu and the 10-lane of the non-developed Village, one-lane of the front of the 10-lane of the Goyang-gu, Seoyang-gu, and one-lane of the front of the 10-lane of the Goyang-gu.

Since there is a sidewalk for pedestrian traffic, there was a duty of care to prevent accidents by accurately manipulating the steering system and brakes in front and rear left and right of the driver of the motor vehicle, and to prevent accidents.

Nevertheless, the Defendant, while neglecting this, was negligent in driving a stroke and was waiting for a bus in front of the bus stops located on the sidewalk due to negligence, received the victim C (47 tax, n, n) from the front of the said string-to-land car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the victim, such as the “alley of the part in which the details of the upper upper part of the upper part of the upper part of the victim’s family are unclear”

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing black stuffs and CCTV images;

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

1. The application of the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act to the reasons for the suspended sentence [the scope of recommendation] the sentencing guidelines for general traffic accidents [the scope of recommendation] set forth in Article 62(1) of the Act on the Suspension of Execution (one month to eight months) [the person who is specially mitigated] the mitigated area (including the person who has made a serious effort to recover damage): The defendant's negligence on duty, which was committed by driving the sidewalk for one year after the suspended sentence was sentenced in six months, is very heavy.

The degree of injury suffered by the victim is very important due to the instant case.

However, the defendant is in profoundly against his wrongness.

It has been agreed with the victim smoothly, and accordingly.

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