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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단1111
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Of the facts charged in this case, the violation of the Act on Special Cases concerning Traffic Accident Settlement.

Reasons

Punishment of the crime

On January 23, 2015, the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the violation of road traffic law (refiscing to take a drinking level) in the credit support of the source method of water source.

At around 13:20 on February 27, 2015, the Defendant, without a driver’s license, started from 319,201, a road of 319, and 201, a road of 14:20 on the same day, driving a car with approximately 20 km up to the limit of 310, a road of Damea on the same day at the new village of 14:20 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. The grounds for sentencing under Article 152 subparagraph 1 of the pertinent Act and Article 152 and Article 43 of the Road Traffic Act regarding the crime of this case have the career of being punished as a crime related to the past traffic, and one month and more has passed since the defendant was punished for the suspension of the execution of imprisonment due to a violation of the Road Traffic Act (refluence of drinking), and the defendant appears to have an attitude against the defendant's recognition of the crime of this case, and the sentence of this case shall be determined by comprehensively taking into account the following factors such as the defendant's age, sex, family relation, criminal history, the circumstances of this case, and the progress of this case.

The acquittal portion

1. On February 27, 2015, the Defendant: (a) driven a car with C Ctera on a day-to-day basis; (b) neglected to perform the duty of 310 free will in the new village of Ctea while driving a car at the front of the road in the front of the road and failed to secure the safety distance with the front vehicle due to occupational negligence; and (c) caused the part of the victim D Driving E, which proceeds from the front of the passenger car in the front of the said Ttea car, to shock the screen wall installed on the right side of the road due to the shock.

Ultimately, the Defendant caused the victim to suffer injury, such as brain dead, which requires treatment for about three weeks, due to such occupational negligence. At the same time, the Defendant used the cargo to exchange the vehicle with the vehicle for the crime, and the repair cost of KRW 28,408,257.

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