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(영문) 광주지방법원 2018.05.16 2018고단432
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant was sentenced to a suspended sentence of three years on October 10 and the judgment became final and conclusive on February 10, 2018, due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court.

The defendant is a person who is engaged in driving a Oralba.

On December 22, 2017, when the Defendant driving the upper sea area above 18:00 on December 22, 2017, and driving the upper sea area over the direction of the Seoul Metropolitan City, the Defendant neglected to perform the duty of the front sea area in the direction of the road from the surface of the bank tunnel to the surface of the riverside, and caused the victim D (15 years old) crossing the upper sea area to the left side of the direction of the Defendant (15 years old) to suffer approximately eight weeks from the above oba, and caused the victim to suffer from the above oba, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. The video recording time system for closed circuits;

1. A medical certificate;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of whether judgment has become final and conclusive);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The fact that the reason for sentencing Article 62-2 of the Social Service Order Act is serious and the degree of injury of the victim is disadvantageous.

The punishment shall be determined like the order, taking into consideration the following facts: the defendant acknowledges his mistake and reflects, the victim does not want criminal punishment of the defendant; the defendant is a juvenile; the defendant is a juvenile; the crime of violation of the Punishment of Violences, etc. Act (joint injury) and the crime of concurrent crimes after Article 37 of the Criminal Act must take into account equity with the case to be judged at the same time in relation to concurrent crimes.

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