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(영문) 서울동부지방법원 2017.01.12 2016고단2912
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duties under C 839cc.

On June 23, 2016, at around 16:15, the Defendant proceeded along a four-lane road in the direction of the general playground distance from the direction of the Samsung T&T in the direction of the general playground distance.

However, since the restricted speed is at a place 60km per hour, a person engaged in driving duty is required to drive as a result of his/her negligence while neglecting to do so, and even if the error of the victim D(60 years old) driving already entered a one-lane by changing the lane, the driver was not faced with the above excessive speed, and thereafter, the driver was forced to drive the victim.

Defendant 1 suffered injury to the victim due to the above occupational negligence, i.e., abandonment pulverization that requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, comprehensive traffic accident analysis reports and diagnosis certificates;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, where there is considerable fault in the occurrence of traffic accidents or the expansion of damage even for the victim of the mitigated area (one month to eight months), the sentencing range of the general traffic accident subject to the sentencing guidelines in Article 62(1) of the Act on the Suspension of Execution (the sentencing period): The sentencing range is advantageous to the following: (a) there is no history of criminal punishment; (b) there is no gross negligence that contributed to the occurrence of accidents; (c) there is no history of criminal punishment; and (d) there is no possibility of considerable fault that the victim seems to have contributed to the occurrence of accidents; and (d) there is only agreement with the victim, and (e) there is no conflict with the victim.

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