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(영문) 대전지방법원 공주지원 2018.09.14 2018고단331

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight 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 June 29, 2018, the Defendant driven a motor vehicle with C highest Preferred to as “A” without obtaining a driver’s license for a motor vehicle on June 15:20, and proceeds from the road above at the front of the Defendant’s front of the YY 254 km in the front of the YY Gyeong-gu Highway at the front of the front of the YY Gyeong-gu Highway at the front of the front of the public road. As above, the Defendant, while driving a motor vehicle at the front of the front of the road without obtaining a driver’s license, was negligent in the course of business in which the Defendant, while driving a motor vehicle at the front of the

D Driving’s back 4.5 tons of truck truck truck truck truck truck truck truck’s back part of the front of the low typ vehicle, and the victim F (V, 58 years old), who was on board the high typ vehicle, was injured by approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of the F;

1. Reporting of a traffic accident (1) (2) (2) and the ledger of driver's licenses for motor vehicles;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

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

1. The Defendant committed the instant crime on the grounds of sentencing Article 62-2 of the Criminal Act, even though he/she had been punished for driving without a license in the year 2017, by driving the same vehicle for only one year.

Imprisonment is chosen because the nature of the defendant's crime is not very good.

However, the execution of punishment is suspended in consideration of the fact that the victim of traffic accident is not punished, the defendant's mistake is recognized, and there is room for the last opening.

In addition, the age, sex, environment, and age of the defendant;