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(영문) 춘천지방법원 2014.09.16 2014고단499

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Each photograph;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes of the Medical Certificate (B);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment), concerning criminal facts;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the punishment heavier than that provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents] shall be increased, but the punishment which is provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents shall be increased;

【Punishment for Imprisonment】

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant has no criminal history, and the victim does not want the punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the same Act;

1. The crime of violation of the Road Traffic Act (Aggravated Punishment) on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order: the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Aggravated Punishment) without Sentencing / [Scope of Recommendation / [Aggravated Punishment ] the basic area (Aggravated Punishment / Aggravated Punishment / Aggravated Punishment / Where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (Aggravated Punishment / Aggravated Punishment / Aggravated Punishment ] the case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (Aggravated Punishment / Aggravated Punishment / Aggravated Punishment / The decision on the sentence / The decision on the sentence / The