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(영문) 부산지방법원 2019.04.26 2019고단341
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On November 26, 2018, at around 20:05, the Defendant driven a B rocketing taxi, and caused the injury to the victim, such as the upper part of D 124cc driving C(36 years old) of the victim C(36 years old) who was in the atmosphere signal at the opposite line, moving to the left at the port distance from the east-dong of the east-dong of Busan Metropolitan City, while driving at the east-dong at the east-dong of Busan Metropolitan City, and driving to the left at the port distance. The Defendant suffered from the injury, such as the upper part of the left hand part of the victim C(36 years old) who was in the atmosphere signal at the opposite line.

Summary of Evidence

1. Defendant's legal statement;

1. C’s traffic accident statement;

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) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of traffic accidents in general traffic accidents [the category 1] and the factors to mitigate the bodily injury (the specially sponed person] of traffic accidents: Reduction area of punishment (including efforts to recover the damage), reduction area (including the recommended area and recommendation range), reduction area, and January through August of the credit cooperative;

3. The sentencing conditions specified in the records and arguments of this case, such as the Defendant’s age, character and conduct, motive for committing an offense, degree of damage, and circumstances after committing an offense, which are found to be erroneous and inconsistent with the recognition of the sentence, the vehicles used to commit an offense, which are subscribed to the Financial Cooperative, and the Defendant is not punishable by the Defendant under the agreement with the victim.

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