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(영문) 대구지방법원 2014.12.18 2014고단4607
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person engaging in driving a rocketing car.

The Defendant, without a driver's license (the suspension period of a driver's license from June 25, 2014 to August 3, 2014), driven the above vehicle at around 23:20 on June 30, 2014, and moved the E-lane in the direction of the desired distance from the long-distance distance to the long-distance distance.

In such cases, even though there was a duty of care to prevent an accident by properly examining the front left left, by negligence bypassing the front of the accident, the victim's left rear part of the bicycle driven by the victim F (18 years of age) from the right side of the defendant's driving line to the left side of the bicycle's front part of the bicycle driven by the victim F (18 years of age) was suffered from the victim's pressure frame 10 weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The General of Driver's Licenses (A);

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to investigation reports and telephone communications;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [Scope of Recommendation] There is no basic field (4 to 10 months) of the first type of general traffic accident (the person who has a special form of punishment) [the criteria for multiple types of crimes] [the minimum standard for sentencing] is concurrent crimes between crimes for which no sentencing guidelines are set, and thus, the lower limit is based on the lower limit of the crime for which sentencing guidelines are set [the decision of sentence], but the defendant's error is not less exceptionally, but the driver's vehicle was subscribed to a comprehensive automobile insurance.

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