교통사고처리특례법위반(치상)등
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.
A. Around June 2018, the Defendant issued a proposal that “The Defendant would pay KRW 200-3 million per day from a person who was unaware of his name,” and around that time, issued one copy of the physical card connected to the Defendant’s name to the H bank account (I) in front of the G convenience store located in the F of the Busan Geum-gu.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
"2018 Highest 5611"
1. Defendant's legal statement;
1. A written statement of the occurrence of E traffic accidents;
1. A traffic accident report (1), (2);
1. "Medical Certificate (E) 2019 order 163";
1. Defendant's legal statement;
1. Statement of the police statement to J;
1. Application of Acts and subordinate statutes to certificates of deposit transaction;
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 49(4)2 of the Electronic Financial Transactions Act, and Article 6(3)2 of the Electronic Financial Transactions Act (the point of lending access media and the choice of imprisonment)
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 of the community service order;
1. The scope of recommendation according to the sentencing guidelines* Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents [Scope of Recommendation] shall be the basic area (four to one year) of the first type of general traffic accident;
2. Circumstances unfavorable to the determination of sentence: The defendant's degree of breach of duty of care, degree of injury of the victim is not less severe, and the defendant is issued a summary order of KRW 3,50,000 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents around 2016: it is against the principle of good faith, and there is no criminal penalty exceeding the fine. The defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions, such as the circumstances after the crime, are considered.