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(영문) 수원지방법원 2015.04.09 2014고단6600
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:40 on November 15, 2014, the Defendant, without purchasing mandatory insurance, driven the female-friendly victim C on the back side of the 125CC motorcycle, and driven the two-lanes on the front side of the hand-on apartment in front of the transfer-out apartment in the Suwon-si transfer-dong, Suwon-si, Suwon-si, along with the two-lanes of the road in front of the transfer-out apartment in the Suwon-si, Suwon-si, Suwon-si, the Defendant got off the front side of the D bus running on a one-lane due to occupational negligence, which was unable to safely drive while changing the vehicle to the one-lane, and caused the injury to the victim, such as cerebral cerebriform, which requires about 10 weeks of medical treatment, and the injury to the victim, such as the injury of the two-lane cerebral ties, which was caused by the shock.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. Photographs of vehicles involved in a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) 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 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles which are not mandatory insurance, the choice of imprisonment);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [limited to concurrent crimes resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which has heavier penalty, and punishment (limited to the sum of the long-term punishments of each of the above crimes)];

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending sentence] general traffic accidents in Article 62-2 of the Criminal Act: The sentence shall be determined as per the order, taking into consideration various sentencing conditions, such as the following: (a) there is no basic area [the person who is a special person] (the decision of sentence] (the decision of sentence] of the first type of traffic accidents; (b) the defendant reflects the criminal; (c) the primary crime; and

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