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(영문) 수원지방법원 2016.06.15 2016고단1370
교통사고처리특례법위반
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

The Defendant is a person who is engaged in driving of C bargaining vehicles.

On January 29, 2016, the Defendant: (a) driven the above vehicle on a 01:00 square day, and proceeded along the two-lane road in front of the two-lanes at the intersection of the two-lanes in both sides of the wife population, from the breadth to the breadth of Echeon-si, the Defendant neglected the obligation at the front of the road; and (b) caused the victim D (32 , D, and Ka-kick) who driven the vehicle to the port from the right side of the direction of the Defendant’s driving due to the occupational negligence on the part of the Defendant’s driving.

Ultimately, the Defendant suffered injury from the injury of the victim in the course of performing such duties as above, such as indoor brain cerebrovascular in need of at least seven weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each investigation report (the confirmation, etc. of the state of victim, the confirmation, etc. of the state of victim treatment, and whether the victim is injured);

1. A medical certificate;

1. Application of Acts and subordinate statutes to vehicles involved in accidents, on-site photographs, and motion picture images;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) [the scope of recommendation] of Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing) where there is a substantial fault for the occurrence of traffic accidents or the expansion of damage even to the victim in the mitigated area (one month to eight months), and where there is a serious fault for the occurrence of traffic accidents or the expansion of damage, (including efforts to recover damage) / Where there is a serious injury (the decision of sentence] unfavorable circumstances: (a) where there is a serious injury to the victim: (b) where there is a significant fault for the occurrence of traffic accidents or for the expansion of damage; (c) where there is a serious injury to the victim; (d) where there is a significant fault for the occurrence of serious injury to the victim; (d) where the victim crossings the crosswalk with clothes filled at night, it appears that the victim's family expressed his/her intention to punish him/her.

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