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(영문) 서울북부지방법원 2016.06.16 2016고단114
교통사고처리특례법위반
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 a BM3 car.

On November 26, 2015, the Defendant driven the above car at around 20:40, and proceeded along the two-lanes of the road of 118 lanes in C(53) in C(53) of the victim C(53) driving on the right side of the road in C(53) with the front part of the Defendant’s vehicle, when the Defendant, while driving the above car at around 20:40, the two-lanes of the road of 118 lanes in C(118) in C(3) in C-do, Gangnam-gu, Seoul, is an intersection signal, which is a cross-section signal, is facing the signal, and was in the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., an injury to the victim, such as an external cerebral macy which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. A written statement of the occurrence of a traffic accident C;

1. A medical certificate;

1. Reporting of a traffic accident (1), (2) (No. 4)

1. Photographs related to accidents (No. 7,16 No. 5);

1. Application of investigative reports (the details of violations and CCTV analysis)-related Acts and subordinate statutes;

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 choice of imprisonment without prison labor, concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the area where the punishment is mitigated (one month to six months from the imprisonment without prison labor) (including a person who has been specially mitigated], and the punishment is not suspended (including a serious effort to recover damage);

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: the fact that the defendant repents his own crime in depth and reflects, and the fact that the damaged person drives without using a fitness seems to be the cause of expanding the damage.

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