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(영문) 대전지방법원 2013.05.31 2013고단721
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 18, 2012, at around 20:57, the Defendant: (a) driven a rocketing motor vehicle in the Seo-gu, Seo-gu, Daejeon; (b) proceeded at a speed of about 30km from the 5-lane to the 5-lane from the 5-lane to the 5-lane from the 4-lane change residential facility; (c) the Defendant confirmed whether there was a vehicle traveling along the intersection by reducing the speed of the intersection where signal, etc. is installed; and (d) neglected the duty of care to prevent the accident by safely driving along the traffic signal to prevent the accident by failing to comply with the traffic signal; and (d) caused the victim D (year 51) who driven along the right side of the motor vehicle of the Defendant, by taking the front part of the right side of the motor vehicle of the Defendant, and by taking the victim into account about 24 weeks to the left side end of the road, he suffers from pulververization of the lab on the left side of the road requiring treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the medical certificate and fact-finding inquiry inquiry inquiry;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Punishment] 1 to 5 years [General Convicts] of imprisonment without prison labor / mitigated elements (the relief measures after an accident, deposit of a considerable amount, subscription to a mutual aid association, serious reflects) / (the scope of recommending punishment falling under the proviso of Article 3(2) of the Act on other Special Accounts / [the scope of recommending punishment] traffic crime group, general traffic accidents (type 1, traffic accident injury), basic area, basic area, April to 10 [whether suspended sentence] - General / General Reference Grounds (unlawful Causes of Suspension of Execution] falling under the proviso of Article 3(2) of the other Special Accounts Act - General Reference Grounds of : clear social relation, serious reflects, subscription to a mutual aid association, deposit of a considerable amount, actively relief of victims, or victim's injury in the course of suspended execution / imprisonment without prison labor / imprisonment without prison labor / imprisonment without prison labor / imprisonment without prison labor / 2 years.

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