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(영문) 의정부지방법원 고양지원 2018.06.01 2018고단303
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of modern monthly dysar vehicles B.

On January 20, 2018, the Defendant came to go straight from C Apartment to D hospital on the side of the Dong-gu Residential Self-Governing Center, Dong-gu, U.S., U.S., Dong-gu, U.S. at the ancient city around 13:45.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent the occurrence of an accident by driving the motor vehicle safely in accordance with good faith.

Nevertheless, the Defendant: (a) in violation of the red signals signals, carried on the right side of the Defendant’s driver’s vehicle, and carried on the victim E (45 S) driver’s fone head from the right side to the right side of the Defendant’s driver’s vehicle; (b) caused the victim’s injury, such as the fone heading on the right side, which requires approximately six weeks of treatment; and (c) suffered injury to the victim G (V, 45 years of age) of the said fone heading for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual investigation report on traffic accidents;

1. Each written diagnosis;

1. Application of related Acts and subordinate statutes to photographs;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

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

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

2. Application of the sentencing criteria;

(a) Crimes Nos. 1 and 2 [the scope of recommending punishment] General Traffic Accidents Type 1 (Bodily Injury resulting from Traffic Accidents) (from April to one year) in the basic area (no person in special sentencing)

(b) The scope of final sentence due to the aggravation of multiple offenses: April to June; and

3. The arguments in this case, such as the defendant's age, sexual conduct, environment, family relationship, motive for the crime, means and results of the crime, and the circumstances after the crime, etc., are as follows:

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