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(영문) 창원지방법원 마산지원 2021.03.30 2020고단1353
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 21, 2020, at around 17:05, the Defendant parked Dworket No. 1 on the road front of the 2-factory, Hanam-gun, Hanam-gun, C, but was negligent in the course of performing duties, fSV125C motor bicycle driving in the victim E ( South, 65 years old) where the opposite lane was under normal operation, and suffered injury, such as mination on the left-hand side part of the said 14 weeks back to the left-hand part of the said string car, which requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and an on-site investigation report and a photograph of the accident;

1. A investigation report (related to the closure ofCCTV images and a photograph of the CCTV screen);

1. A written statement;

1. Application of Acts and subordinate statutes (E);

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

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

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] The ordinary traffic accident [type 1] the injury [special sentencing factors] caused by traffic accidents: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment, and January through August of the credit cooperative.

3. Determination of sentence: The degree of injury of a victim for April of imprisonment without prison labor and a year of suspended execution of one year is relatively heavy: Provided, That upon agreement with a victim, the defendant does not want the punishment of a defendant; the defendant's age, sex and environment; the defendant's motive, background, means and consequence of the crime of this case; and all the other factors of sentencing as shown in the records of this case and the theory of changes, such as circumstances after the crime, shall be determined as the sentence of this case.

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