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(영문) 대전지방법원 논산지원 2013.04.05 2012고단568
교통사고처리특례법위반
Text

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

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives B's low-income motor vehicle.

On October 14, 2012, the Defendant was driving the said car on the 18:45th day of October, 2012, and the Defendant was driving a one-lane road in front of the Daedong oil station located in the Sung-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and was not able to detect the bicycle of the victim C (Nam, 57 years old) who was driving ahead of it in the same direction as the occupational negligence

As a result, the Defendant suffered serious injury, such as mination of the Korean left-hand garrative executives in need of medical treatment for about 16 weeks, to the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the de facto survey report, diagnosis report, and investigation report (whether serious injury is involved);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Grounds for sentencing under 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 Penalty] Aggravation of traffic crime group, general traffic accident Type 1 [Extent of Recommendation]: Imprisonment without prison labor for a period of eight months or one year and six months: None of special mitigation factors: / Special aggravation factors: Serious injury.

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

4. Whether or not the suspension of execution is made: The two years of the suspension of execution (the main reasons for the suspension of execution): There is no criminal record of the suspension of execution or more, and the negative results of the suspension of punishment: serious injury (the reason for the suspension of execution): The defendant has no criminal record of the suspension of execution or more, and the defendant has the motor vehicle covered by the comprehensive motor vehicle insurance, and the defendant has agreed with the victim, etc., within the scope of the recommendation.

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