교통사고처리특례법위반등
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is engaged in driving a rocketing car.
1. On March 16, 2014, at around 15:50, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) was negligent in driving the said car at a 138-11-lane Roon-ro, Gwangju-dong, Gwangju-gu, and driving the said car at about 20km in the speed of the city in the direction of peace and steering from the extension direction; (b) the Defendant did not find out that the victim C (six years old) gets out of the left side of the running direction, and caused the victim (six years old) to go out of the road with the front wheels of the victim’s bicycle.
The Defendant caused a traffic accident by negligence in the course of business as above and caused the victim to suffer a right-off aggregate which requires treatment for about seven weeks.
2. Violation of the Road Traffic Act (Unlicensed Driving) the Defendant driven the said rocketing car without obtaining a driver’s license at the above temporary location, and driven the said rocketing car at the daily level in Gwangju City, before and after the above temporary border.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of D traffic accidents;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is that there are a large number of traffic-related criminal records against the defendant in the mitigated area (one to six months) of general traffic accidents, circumstances leading to agreement with the victim, absence of criminal records exceeding the fine, and all other factors of sentencing.