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(영문) 의정부지방법원 고양지원 2014.11.27 2014고단1136
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Reasons

Criminal facts

On April 21, 2014, at around 21:50, the Defendant driven Otoba, and proceeded with the 3,4 complex private distance from the above 1,2 complex on the surface of the bus stops at the bus stops of the main complex complex in order to pay back the 3,4 complex street to the above 1,2 complex surface. On the part of the defendant's occupational negligence, in violation of the stop signal, and caused the victim D (ma, 13 years old) (ma, 13 years old) with the front part of the front part of the road in order to provide approximately 12 weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. Reports on traffic accidents and investigation reports (No. 14 No. 14 of the evidence list);

3. Application of Acts and subordinate statutes to medical certificates and opinions.

1. The grounds for sentencing under Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts are the sentencing factors unfavorable to the defendant, such as: (a) the defendant has caused the instant traffic accident by violating the duty to protect pedestrians in crosswalks, the duty to observe traffic signals; (b) the victim is expected to have serious aftermath and snow disorder; and (c) the victim and his family are expected to suffer serious mental distress; and (d) the victim and their family are admitted to the liability insurance in the instant case only, making it difficult to expect sufficient compensation through insurance.

On the other hand, it is an element of sentencing that is favorable to the defendant, such as the fact that the defendant fully admitted the facts charged in the instant case, the fact that the victim's parents deposited KRW 20 million with the victim's parents and endeavored to recover damage, the age of the victim, and the fact that the victim

Furthermore, the sentencing data expressed in the arguments, such as the character, character and environment of the defendant, were taken into account, and the sentencing guidelines formulated by the Sentencing Commission also refer to the sentencing guidelines for traffic crimes.

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