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(영문) 수원지방법원 2018.05.30 2018고단960

교통사고처리특례법위반(치상)등

Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2017, the Defendant: (a) was engaged in driving of the Poter Cargo, without obtaining a driver’s license; (b) proceeded with the 16:30 minutes near D on December 28, 2017, using the 16:30 minutes near D in the Taecheon-ri plane; and (c) was driving at the top of the 14 weeks opposite opposite to the Poter due to the negligent negligence of the central line, and damaged the 14 weeks adjacent to the Poter Cargo; (d) was able to receive from the victim as is the front part of the Poter Cargo; and (e) the victim suffered serious injury that requires medical treatment for about 14 weeks, such as external shock, mothing, islanding, and multi-face heating; and (e) was damaged by the 19,912,708 won at the front of the Poter truck.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. The driver's license ledger;

1. An accident scene photograph;

1. Each written diagnosis and written estimate;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 3 (1) and the proviso to Article 3 (2) 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, and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the crimes of violation of the Road Traffic Act, and the punishment imposed on the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which are heavier

1. In regard to the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), imprisonment without prison labor shall be imposed, and the crimes violating the Road Traffic Act, each choice shall be imposed;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [limited to the aggravated punishment for concurrent crimes prescribed by any crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, the punishment shall be aggravated, but such aggravated punishment shall be limited to imprisonment with prison labor and the maximum term punishment for two crimes];

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)