beta
(영문) 대전지방법원 천안지원 2016.08.26 2015고단2176

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

A. Around 2 weeks of the instant case, the Defendant suffered fluoral finites, etc., requiring approximately two weeks of treatment, and at the same time damaged taxi parts, etc. were damaged in a way that the sum of the repair cost would amount to KRW 1,058,528.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A report on the detection of a primary driver;

1. A survey report on actual condition, a map, each photograph;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to the driver's license ledger, inquiry into mandatory insurance, and next inquiry;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (including those on duty and negligence), Article 148-2(2)2, and Article 44(1) of the Road Traffic Act (the point of drinking), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 151 of the Road Traffic Act, Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing mandatory insurance) concerning criminal facts;

1. Crimes provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (driving of a road) and violation of the Road Traffic Act, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and violation of Road Traffic Act);

1. Violation of the Road Traffic Act and the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents: Selection of imprisonment without prison labor:

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] is the type 1 of general traffic accident [the scope of recommended punishment]. (4 to 10 months] in the basic area (the special mitigation (aggravated mitigation)]. (1) in the case of minor injury, (2) in the proviso of Article 3(2) of the Act on the Aggravated Punishment of Concurrent Crimes, where the illegality in the proviso of Article 3(2) of the Act on the Aggravated Punishment of Concurrent Crimes is serious * the violation of the Guarantee of Automobile Compensation, the violation of the Road Traffic Act, no sentencing guidelines are set for the violation of the Road Traffic Act. [the sentence] The sentencing guidelines are set in consideration of the sentencing conditions shown in the instant trial procedure, such as the fact that there is a same type of force.