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(영문) 대전지방법원 논산지원 2013.08.13 2013고단158
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around 05:08 on February 10, 2013, the Defendant driven the Cone Star Cargo Vehicle without a car driver's license, and driven around 1.4km in front of the Honam Expressway bus stop point in the Cone Star-Eup Scopon Scopon Sinsan, with the two-lanes of the front line from Daejeon to the front line, while he did not see the front line well, and did not accurately manipulate the steering gear, steering system, etc. of the vehicle in the front line in the same direction, the Defendant, as a business negligence, was driven by the victim D (ma, 41 years old) driving in the front line of the Defendant.

As a result, the Defendant suffered injury to the victim, such as brain salute, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol regarding D;

1. Application of each Act and subordinate statute entered in the actual condition survey report, accident site photograph, injury diagnosis report, and the register of driver's license;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment without Permission);

2. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 (within the maximum limits of adding up) of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of punishment: One month to six years of imprisonment (the choice of imprisonment or imprisonment without prison labor, and the aggravation of concurrent crimes);

2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type I (Bodily Injury resulting from Traffic Accidents): Imprisonment with prison labor for not less than four months from April to October: No special mitigation factor: No special aggravation factor:

3. Determination of sentence: Imprisonment for 8 months; and

4. Whether or not the suspension of execution is positive: The punishment (major reasons for the suspension of execution): The positive criminal records of the same kind of punishment (general reasons for the suspension of execution): The serious reflect negative results: the previous criminal records of the suspension of execution and the unlicensed driving (comprehensive comparison and assessment) shall be five times in total, and the unlicensed driving shall be conducted without any license.

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