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(영문) 대전지방법원 2014.01.17 2013고단4618
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for 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

around 03:00 on August 10, 2013, the Defendant: (a) driven a C cab, driving a si, and driving the scar at a speed of about 40-50 km in the west-gu, Daejeon; (b) caused the injured party D(27 years old) driving on the direction of the west-west, the direction of the E 5-ray in the direction of the west-west (27 years old) in the direction of the west-west, the head of the Gu, and caused the injured party D to suffer injury, such as a spelke of spelke in need of treatment for about 4 weeks; and (c) caused the injured party F(23 years old) who was on board the vehicle to suffer injury to the west-west, the head of the Gu, the head of the Si/Gun/Gu, and the head of the Si/Gun/Gu, the head of the Gu, who was in need of treatment for about 4 weeks in the direction of the west.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Type 1), Basic Field, April to October of imprisonment without prison labor] Major reasons for the occurrence of traffic accidents or the expansion of damage (the occurrence of a traffic accident or the expansion of damage): The victim has a considerable fault in causing traffic accidents or expanding damage (the victim DF), the ground for punishment not for general participation (the victim G), and other reasons for general participation under the proviso of Article 3(2) of the Act on Special Accounts of the School: The social relation clearly, serious reflectness, and the comprehensive motor vehicle insurance [decision of sentence] for eight months, and the victim who suffers the most serious injury that he/she has no criminal history other than the one under the same suspended sentence of imprisonment with prison labor for two years (the preceding twelve years).

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