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(영문) 제주지방법원 2014.06.13 2014고단328

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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 December 29, 2013, at around 15:20, the Defendant: (a) driven a wing truck C without a driver’s license; (b) driven by the driver’s license of a motor vehicle; and (c) driven by the driver’s license of a motor vehicle of the victim D (ATV; hereinafter “ATV”); (d) driven by the driver’s license of the motor vehicle of the victim, who was directly engaged in the red signal in front of the two-laned road of the Haak-gu, Han-gu, Han-gu, Han-si, Han-si, Han-si, the city, along with two-lanes of the two-laned road in Jeju-si; and (b) caused the victim’s injury, such as a dyp fry, etc., which requires approximately six (6) weeks of treatment on the left side of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each photograph, “traffic accident report (i)”, “motor vehicle driver’s license register (A), and application of each of the relevant Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1), the proviso of Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of a person causing bodily injury by occupational negligence), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and (2), and 50 of the Criminal Act (within the scope of aggregated punishment with imprisonment and long-term punishment);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Social service order: A punishment shall be determined as ordered in consideration of all the following circumstances, taking into account the scope of recommendation, sentence and sentence (traffic crime group, general traffic accident, type 1 (accident of traffic accident), basic area, and safe April - 10) on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the following circumstances. A favorable normal circumstance: (a) recognized the facts of crime; (b) recognized the facts of crime; and (c) some of the circumstances to be considered in the unlicensed driving circumstances; and (d) the spouse of the owner E of the ship