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(영문) 수원지방법원 2015.11.04 2015고단3963
교통사고처리특례법위반
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

Around 02:50 on July 24, 2015, the Defendant was driving the B B Poter Free Zone drive at the Ho-dong Ho-dong Ho-dong Ho-dong Ho-dong Ho-dong Ho-dong Ho-dong, and the Defendant was driving at a speed of about 60 km at a speed of about 60 km at the speed of 50 km from the head of the Si/Gun/Gu-ho-dong ho-dong ho-dong ho-dong in the head of the Si/Gun/Gu at the time. Since a vehicle is an intersection where a signal, etc. is installed, the driver of the vehicle was in the intersection where the signal, etc. is installed, and the driver of the vehicle was negligent in performing the duty of care to safely drive the vehicle in accordance with the new subparagraph, while he was negligent in performing the duty of care to safely drive the vehicle at the left, and suffered an injury to the victim (62 years of age) by taking the back part of the Defendant's cargo vehicle in front of the Defendant, and suffered the injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to each traffic accident in E and C;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accidents;

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

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

1. Selection of alternative imprisonment without prison labor;

1. While Article 62(1) of the Criminal Act on the suspended sentence is not applicable to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the victims of reasons for the sentencing, the sentencing guidelines are not applicable to the ordinary concurrent relationship. However, the scope of recommended sentencing guidelines for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E should be considered as reference to the sentencing.

[Extent of Recommendation] The area of mitigation (one month-6 months) of the injury of a traffic accident in general traffic accident (the type 1) (the special person who has been punished).

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