beta
(영문) 대전지방법원 논산지원 2013.10.08 2013고단253

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That 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 February 13, 2013, the Defendant driving a B rocketing taxi around 22:20 on February 13, 2013, and driving a two-lane road in front of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

As a result, the Defendant suffered injury to the victim, such as a pelvise of the right pelvis in need of treatment for about 14 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the actual condition survey report, on-site photograph, diagnosis report, traffic accident comprehensive analysis reply, or the application of video-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);

2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type 1 (Bodily Injury resulting from Traffic Accidents) (Scope of Recommendation Punishment): From Above six months of imprisonment without prison labor: considerable fault of the victim, non-conformity with punishment / No special aggravation factor:

3. Determination of sentence: Four months of imprisonment without prison labor;

4. Whether or not the suspension of execution is positive for two years (major reasons for the suspension of execution): There is no significant fault of the victim, negative negative result of punishment: There is no negative reason for the entry of the taxi mutual-aid association (general reason for entry): The suspension of execution of imprisonment without prison labor within the scope of the recommendation, by comprehensively taking into account all the circumstances revealed in the arguments, such as the main reasons for participation as seen earlier and the general participation reasons, including the fact that the victim suffered serious injury, in excess of the speed of 20km per hour;