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(영문) 청주지방법원 제천지원 2015.02.13 2014고단419

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became 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. Each police statement made to C, D, and E;

1. A written statement of F and G;

1. Actual condition survey report, field photographs of traffic accidents, and comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes reporting, such as the filing of each body autopsy report, each autopsy report, diagnosis report, and victim G diagnosis report;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Where three grounds for sentencing under Article 62(1) of the Criminal Act have died and a serious injury has occurred to one of them, and the crime is not very high in light of the circumstances and results of the traffic accident;

However, the punishment is determined as ordered in consideration of various sentencing conditions, such as the fact that the defendant is both against and led to the crime of this case, the fact that the victim's bereaved family members have agreed smoothly with the victim, the defendant has no criminal penalty power, the circumstances of other accidents, the degree of negligence, etc.