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(영문) 수원지방법원 2017.06.28 2017고단1765
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 17, 2016, the Defendant: (a) was engaged in driving of BM5 vehicle; (b) on December 17, 2016, at the time of the return of 18:20, the 80 mal-dong, the village Tri-do 80 DCA 100 U.S., the Defendant kept the right to the left at the right to the left from the mal-side of the apartment, and caused the victim’s injury, such as the removal of the body body of the malle, which requires approximately 14 weeks medical treatment, due to the negligence of violating the signal.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to C;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, CCTV images photographs, and diagnostic reports;

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

1. Suspension of execution under Article 62(1) of the Criminal Act (defluence to the reasons for sentencing) - the circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act - The degree of damage suffered by the victim due to the instant case is heavy. - The favorable circumstances - The victim does not agree with the victim to punish the defendant any longer. - The victim was in driving without a license at the time of the accident. - The defendant has no record of being sentenced to a fine until now. The sentencing is ordered in consideration of all the conditions of sentencing revealed in the trial process.

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