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(영문) 대전지방법원 논산지원 2013.10.08 2013고단208
교통사고처리특례법위반
Text

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

3.

Reasons

Punishment of the crime

On May 2, 2013, at around 18:25, the Defendant driven a C EFS car and proceeded with a new road located in a luminous asbestos new road from the luminous Round to the snow bridge, which was driven by the central line, due to the occupational negligence of the victim D (W, 23 years old) who was normally driven by the e-learning car that was driven by the victim D (W, 23 years old), while driving the e-learning car at the luminous bridge to the front part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim, such as a pelle executives, etc. to the right side of which need to be treated for about 16 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Each description of a survey report, on-site photograph, diagnostic certificate, black image photograph, or the application of statutes on images;

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

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

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: One month to five years of imprisonment without prison labor;

2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type 1 (Bodily Injury resulting from Traffic Accidents): Reduction area: From Above June without prison labor to imprisonment without prison labor: No penalty shall be imposed.

3. Determination of sentence: Four months of imprisonment without prison labor;

4. Whether or not a suspended sentence is positive for two years (the main reasons for the suspended sentence): There is no negative negative reason for the suspended sentence [general reasons for the suspended sentence]: The positive reason for the suspended sentence is that there is no criminal conviction or heavier punishment, the degree of injury suffered by the defendant is heavy, and the adverse effect of the motor vehicle comprehensive insurance: In addition to the main reasons for the suspended sentence as seen earlier (comprehensive comparative assessment] and the reasons for general participation, the probation and the lecture order are accompanied within the scope of the recommended sentence, by comprehensively taking into account all the circumstances revealed in the arguments, such as the fact that the victim suffered serious injury, etc.

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