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(영문) 제주지방법원 2015.09.04 2015고단366
교통사고처리특례법위반등
Text

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

However, 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

around 17:30 on January 14, 2015, the Defendant driven a motor vehicle C, a motor vehicle without a driver's license, and operated the Esancular road in front of the D at the Jeju City along the Private Road from the side of the Private Road to the Private Road.

The Defendant, as seen above, was negligent in the course of performing duties due to the negligence of neglecting the Jeonju City while driving a motor vehicle, received the back part of the Victim F-LL G TR car in the front part of the EM car in the front part of the EM in the front part of the EM, and due to its shock, he was able to get the victim HH driver who temporarily stops in the front part of the EM as the front part of the EM, and due to its shock, EXE will have the victim JN driver who temporarily stops in the front part of the EM car in the front part of the EM.

Ultimately, the Defendant suffered approximately three weeks’ salt ties and tensions, etc. from the foregoing occupational negligence, and the Defendant suffered around two-day’s salt ties and tensions, etc. to H, and the J suffered around two-day’s salt ties, tensions, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by the F, H and J;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts: Article 3 (1) and proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Determination of imprisonment without prison labor for the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

1. Aggravation for concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act (the punishment shall be imposed by imprisonment with prison labor, while the punishment shall be imposed for concurrent crimes prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy penalty);

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