(영문) 서울남부지방법원 2017.05.11 2017고단733

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(영문) 서울남부지방법원 2017.05.11 2017고단733

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

On October 17, 2016, the Defendant driven B rocketing car with around 21:00, and caused the injury of the victim C (n, 52 years old) who was standing the crosswalk on the left side from the right edge of the said rocketing car to the right edge while driving along the two-lane road in front of the modern apartment in Gyeyang-ro, Yangcheon-gu, Seoul, Seoul, toward the direction of the direction of the direction of the traffic along with the one-lane. The Defendant got the victim C (n, 52 years old) who was driving the crosswalk from the right edge of the said rocketing and other car to the right edge of the said rocketing car, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. A traffic accident report;

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

1. Article 3 (1), the proviso to 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;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The basic area of Article 62(1) of the Act on the Suspension of Execution (the scope of recommendation] No. 1 of the General Traffic Accidents (the person who has been specially mitigated) [the person who has been specially mitigated] / In the case of serious illegality (including efforts to recover damage), or in the case of the accident of this case in the case of Article 3(2) proviso (excluding subparagraph 8) of the Act on the Suspension of Execution (the decision of sentence] 6 months, in the case of imprisonment without prison labor, in the case of the accident of this case in which the defendant's negligence is serious and the degree of damage is serious, but it is considered as there are favorable circumstances such as that the defendant is closely against the crime of this case and that the defendant is the first offender and that there

It is so decided as per Disposition for the above reasons.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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