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(영문) 대전지방법원 논산지원 2012.05.18 2012고단76
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 who is engaged in driving a vehicle in the amount of Dominia.

On December 07, 2011, the Defendant, without a driver's license of a motor vehicle on December 12:20, 201, proceeded in the vicinity of the mountain village in the mountain village in the Seosan-Eup, Seosan-si, Seosan-si, Seosan-si.

Since there is a road on which a center line is installed as a yellow solid line, a person engaged in driving service has a duty of care to live well on the front line and the left, and to safely proceed along the tea line.

Nevertheless, the Defendant neglected this and shocked on the left side of the vehicle driving on the front left side of the victim E (the 60-year-old driver) driving by neglecting the center line.

Ultimately, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition of traffic accidents;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 2 and 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, Article 152 and Article 43 of the Road Traffic Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of both crimes prescribed in the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever

1. Article 62 (1) of the Criminal Act (In light of the fact that the defendant is against the defendant and that the defendant has agreed smoothly with the victim, etc.);

1. To render judgment as ordered for the reasons under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on Probation, etc.;

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