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(영문) 서울중앙지방법원 2017.04.12 2017고단1061
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 12, 2016, the Defendant driven a B-car as of 06:40 on December 12, 2016, and was driving in one lane in front of Jongno-gu Seoul, Jongno-gu, Seoul, the left-hand turn is not allowed, and the Defendant received a two-wheeled vehicle from the victim D (56 aged) who was directly in accordance with the vehicle proceeding signals on the opposite side of the said vehicle at the right-hand turn-hand turn-hand turn-on, and caused the victim to receive a two-wheeled vehicle from the victim D(56 age) who was driving in accordance with the vehicle proceeding signals on the opposite side of the said vehicle at the right-hand turn-on, which requires about 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A traffic accident report;

1. A written statement on the occurrence of each traffic accident;

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

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

1. The sentencing guidelines of Article 62 (1) of the Criminal Act [the scope of the recommended punishment] of the Act on the Suspension of Execution is the case where the illegality in the category 1 (the injury caused by traffic accidents) of the general traffic accident area (eight months to two years) [the specially aggravated person] of Article 3 (2) proviso (excluding subparagraph 8) of the Act on the Suspension of Execution is serious, or in the case of a motor vehicle accident (the decision of sentence is made] of the case of a comprehensive motor vehicle insurance, there is no criminal record heavier than the fine, and other various sentencing conditions, and the punishment shall be determined as per the order.

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