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(영문) 서울남부지방법원 2017.04.20 2017고단732
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 4, 2017, the Defendant driven a B-hand car with B-hand services, and caused the injury of the victim C (28 tax) of DCA 100 U.S. driving a car driving on the right side of D-10 U.S. 100 U.S. Baba to turn to the left at the right side of 16 weeks, due to the negligence that proceeds from the red name, while driving the B-hand car toward the side of KT Gangwon-gu's branch office from the erode of the erode B-gu, Gangseo-gu, Seoul, to go to the direction of the erode, the Defendant sustained the injury of the part above the right side of the DCA 100 U.S. Baba, which is driving on the right side of the eromoba, requiring approximately 16 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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 choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Persons who are subject to special mitigation in the mitigated area (one month to eight months) for one type of traffic accident (the injury caused by a traffic accident) within the scope of the recommended punishment: No punishment is imposed (including serious efforts to recover the injury);

2. The fact that the decision-making victim and the decision-making victim have reached an agreement with the sentence is relatively old and there are many problems in health, and the fact that the defendant is against the law is advantageous.

However, there are many criminal records of the defendant, and there are relatively many criminal records of different types, and the degree of injury is relatively heavy.

Comprehensively taking account of these various circumstances, Defendant is sentenced to imprisonment without prison labor, and the execution of sentence is suspended on condition of community service.

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

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