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(영문) 춘천지방법원 2014.09.02 2014고단424

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of accidents prepared by C;

1. A written statement of D (in the event of traffic accidents);

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of driving sound and the choice of imprisonment);

1. From among concurrent crimes, the punishment shall be aggravated for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2 and Article 38 (2), and Article 50 of the Criminal Act (within the scope of aggregating the maximum term of two crimes), and the punishment shall be aggravated for concurrent crimes resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is heavier;

【Punishment for Imprisonment】

1. Article 62 (1) of the Criminal Act (including the fact that there is no past record of criminal punishment of imprisonment without prison labor or heavier for not more than four years);

1. Probation and community service order: Reasons for sentencing under Article 62-2 of the Criminal Act - Violation of the Road Traffic Act - : [Limits of recommendations] set up in the sentencing guidelines (limited to the scope of recommendations) in the basic area (4 to 10 months) of traffic accidents in the first category (special mitigation) (4 to 10 months) (special mitigation) / In the case where illegality in the proviso of Article 3(2) of the Special Education Act is serious, the scope of sentence compared to the sentencing and the recommended sentencing: April to 10 (decision of sentence] and the defendant's criminal records of the same kind of traffic accident shall be determined as the order.