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(영문) 대전지방법원 2013.11.29 2013고단4292

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six 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

On August 26, 2013, 08:17, the Defendant driven a Mat Motor Vehicle without a driver's license and proceeded to the three-lane road in the middle of the Daejeon Middle-gu Busan High School, and the 4rd speed from the side of the Busan High School to the 3-lane 4:00:0,000, the Defendant suffered from the injury of the victim D (V, the 34 years old) who was under the atmosphere to turn to the left at the 1 lane due to the negligence that did not well look at the front side of the vehicle without a driver's license, and the latter part of the E-E-W-W-W-W-W-W-W-W-W-W-on vehicle driven by the victim F (n, the 6 years old), the victim G (n, the 7 years old), the victim H (n and the 6 years old) and the victim H (n and the 6 years old) for about two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 3 (1), the proviso of Article 3 (2) and Article 78 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing bodily injury by occupational negligence) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents: Imprisonment without prison labor or imprisonment for a violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Type 1), mitigated area, one month to six months (Pronouncement of sentence] imprisonment, six months before a fine of the same kind for a period of suspension of execution, five times before a fine of the same kind for a period of two years to a suspended execution, subscription to liability insurance, minor injury, minor injury, non-existence of punishment, clear social relationship, and serious reflection;