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(영문) 광주지방법원 목포지원 2021.03.19 2020고단1304

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The term “criminal facts” is the same as the previous term.

Summary of Evidence

1. Report on the occurrence of a traffic accident by Defendant’s statutory statement, investigation report on actual condition, field map, driver’s license ledger, circumstantial statement report on the driver’s license, notification of the results of regulating drinking driving, and each photograph;

1. Previous convictions: Inquiry about criminal history, reporting of the previous convictions and reporting of the results thereof, and application of a copy of the summary order Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act for the aggravation of concurrent crimes [Provided, That the lowest limit of punishment shall be determined by the crimes of violation of Road Traffic Act (driving);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's condition of sentencing, such as the fact that he/she has been subject to criminal punishment not less than three times due to driving of alcohol in the past or driving without a license, causing a traffic accident: The amount of drinking is very high, the degree of injury is minor, the most recent drinking driving power has a certain interval from time to time, and the vehicle has been covered by a comprehensive insurance: Other circumstances, such as the circumstances of the crime in this case, degree of drinking, the defendant's age, sexual behavior, circumstances after the crime, etc.;