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(영문) 광주지방법원 목포지원 2021.03.19 2020고단1319

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

" 2020 Highest 1319"

1. Investigation report by the police on the police statement B made by the defendant in his/her legal statement, report on the occurrence of a traffic accident, investigation report on the circumstances of the driver in charge, inquiry into the results of crackdown on driving under drinking, each diagnosis report, and each photograph;

1. Previous convictions: References to inquiries about criminal history, summary orders, 2020, 1799;

1. Statement by the defendant in court;

1. C Investigation report on the police statement statement (Attachment of credit information by a suspect), investigation report (verification of the progress of D Corporation), investigation report (Submission of suspect data and statement of transactions) with respect to C, "20 order 1804";

1. Application of the defendant's statutory statement, report on the situation of driving without obtaining a license, the ledger of driver's license, and the statutes of the next time inquiry;

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 the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2(1) and Article 44(1) of the Road Traffic Act (the occupation of drinking), Article 347(1) of the Criminal Act (the occupation of fraud), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the occupation of unlicensed driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of a sentence of imprisonment without prison labor for an selective crime of violation of traffic law on roads, fraud, and a crime of violation of traffic law on roads, and selection of a sentence of imprisonment without prison labor for a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Sentence 3 of the Punishment of Small-Scale Mitigation Act: The person committed a crime of unlicensed driving even though he/she was indicted by driving under drinking, the social danger and risk of driving under drinking is realized, and the purpose of the same kind of power and the amended Road Traffic Act are favorable circumstances: The time of each of the crimes in this case and reflects it.