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(영문) 창원지방법원 2014.05.13 2013고단2317
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2. Provided, 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

The Defendant is a person who is engaged in driving of CM freight vehicles.

At around 07:20 on June 14, 2013, the Defendant driven the above cargo vehicle and proceeded ahead of the Jinsan-ri in the front side of the Jinsan-ri, the Defendant caused the victim D (22 years old) driver's Karen-si's caton's caton caton caton caton caton caton caton caton caton caton caton caton caton caton cat caton cat cat cat caton cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, traffic accident actual condition investigation report, on-site and other photographs;

1. Written statements of D;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of alternative imprisonment without prison labor;

4. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is not that of the instant traffic accident in light of the background and degree of damage.

However, the punishment shall be determined as ordered in consideration of favorable circumstances, such as the fact that a mistake is recognized, the fact that a motor vehicle comprehensive insurance was subscribed for, the fact that there was no criminal record exceeding a fine, and the fact that there was no criminal record, etc., and taking into account the age, health conditions, character, conduct and environment, etc.

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