logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2021.03.17 2020고단4414
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. B written statements;

1. A traffic accident report, a report on the scene of an accident, a photograph of the scene of the incident, a report on the arrest of the case, a report on the situation of the main driver's driving, a report on the situation of the main driver's driver's driving, a notification of the results of crackdown on drinking, a medical certificate, a conflict between damaged tea booms video and CCTV images

1. Previous convictions: Inquiries about criminal history and application of the Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (1) and 44 (1) (the driving of alcohol, the choice of imprisonment, and the choice of imprisonment), Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupation of injury caused by occupational negligence and the choice of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is two times the Defendant was sentenced to a fine due to drinking alcohol driving, and even one time prior to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, he/she was driving at the intersection while driving at the same time, and caused a traffic accident.

Although it may not be severely punished, it shall not be strictly punished: Provided, That considering the fact that the defendant is against himself and the fact that he is insured by a two-wheeled motor vehicle, the punishment shall be determined as ordered by the order, taking into account all the circumstances revealed during pleadings, such as the details and degree of the crime, driving distance, degree of injury to the victim, circumstances after the crime, the age and health of the defendant, family relationship and living environment,

arrow