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(영문) 수원지방법원성남지원 2020.10.28 2019고단3266
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. The defendant's legal statement B, C, D, E, and F reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the occurrence of traffic accidents, on-site photographs, each on-site photograph, each vehicle photographic image image, each opinion, each diagnosis document, each of the E-R analysis reports on traffic accidents; and the application of the subordinate statutes as a result of the analysis of traffic accidents;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, brought about seven people or more by causing a traffic accident while driving a broom at a speed exceeding 46.5km.

Some victims with gross negligence are not able to severely punish them, even though they are injured.

However, the defendant does not want to punish the defendant by mutual consent with the victim F and G who suffered serious injury after having subscribed to mutual aid under Article 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents with respect to vehicles that have been driven by the defendant.

In addition, the defendant's age and health, family relations and living environment, the details and result of the crime, the circumstances revealed in the arguments, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines shall be determined as per the order.

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