교통사고처리특례법위반(치상)등
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.
1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2, Article 44(1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43, and the main sentence of Article 151 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of Sales, the provisions of the Road Traffic Act, the provisions of the Road Traffic Act, and the provisions of the Road Traffic Act, and
1. Determination of imprisonment without prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the remaining crimes;
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 (General Considerations favorable to the reasons for sentencing as follows);
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 (in the case of a violation of the Guarantee of Automobile Accident Compensation Act, setting the sentencing guidelines and drinking driving shall not be treated as a majority crime according to the sentencing guidelines, and only the sentencing person shall be treated as the sentencing person] the aggravated area (8 to 2 years) (the scope of recommendation) of the first type of general traffic accident (the injury caused by traffic accident) and driving, etc.
2. Circumstances disadvantageous to the determination of sentence: A person shall drive a motorcycle without a license, while under the influence of alcohol, which has not subscribed to mandatory insurance;
All of the sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means, results, etc., are considered in light of the fact that a person caused an accident that he or she causes an excessive damage and that no damage has been recovered: the first offender, the victim's injury is relatively minor, and the degree of injury is relatively minor.