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(영문) 춘천지방법원 원주지원 2017.06.26 2017고단377
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a C-Scar.

On October 7, 2016, the defendant operated the above car at around 21:20, and proceeded along the two-lanes between the two-lanes of the national highway 225-15, the Hanju-si.

At the time, it is difficult for a person engaged in driving of a motor vehicle to drive the motor vehicle safely by reducing speed and thoroughly driving the front time.

Nevertheless, the Defendant neglected this and got the back wheels part of the victim D(58) driving without registration, which was driven at the same lane as that of the same vehicle due to negligence, and went beyond the front part of the driver’s seat of the said vehicle.

As a result, the Defendant suffered from an injury to the victim of an unexplosion in the number of days of treatment due to such occupational negligence, thereby causing the victim to suffer from an influence or incurable or incurable disease.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Application of Acts and subordinate statutes to written statements and investigation reports (the confirmation of the current status of a victim);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following factors favorable to the sentencing)

1. The sentencing criteria [Scope of the recommended punishment] the basic area (from April to one year) (special mitigation) (the victim) of the basic area of a traffic accident shall also be limited to the case where there is a substantial fault in the occurrence of a traffic accident or the expansion of damage, / the case where a serious injury has occurred (the type 1);

2. The sentence shall be imposed as ordered in consideration of the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc., following the decision of sentence.

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