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(영문) 청주지방법원 2014.08.28 2014고단759

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above punishment shall be suspended for two years 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 prepared in C;

1. A report on the occurrence of a traffic accident and the report on each traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the Defendant, who is engaged in taxi driving business, suffers from a serious injury that requires approximately 14 weeks of treatment to the victim by excessive negligence in violation of the notification, although the Defendant had been engaged in the same criminal records and three times (in the imprisonment without prison labor in 1987, 3 years of suspension of execution, 1 million won of a fine in 1992, and 1 million won of a fine in 2013), while having been engaged in the same criminal records and three times (in the event of a credit cooperative in 1987, 1.0 million won of a fine in 2013).

However, the fact that the defendant's mistake is seriously against the defendant, the taxi operated by the defendant is admitted to the Financial Cooperative of the National Passenger Transport Business Association, and separate consideration is given to the defendant's favorable circumstances such as the defendant's payment of consolation money to the victim that the victim does not want the defendant's punishment, and various sentencing conditions such as the defendant's age, character and conduct, family relationship, property status, etc. The scope of recommended sentence according to the sentencing guidelines for the crime of this case is from April to October of imprisonment without prison labor (the crime group of traffic crimes, the injury of general traffic accident (traffic accident) and the basic area (the "the case where illegality in the proviso of Article 3 (2) of the Specialized Law is serious" as a special element). However, the sentence is set as the order and the execution of the above sentence is suspended.