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(영문) 대구지방법원 2016.07.21 2016고단1188
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

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

The defendant is a person who is engaged in driving a Oralba.

On September 15, 2015, at around 02:47, the Defendant: (a) got off the center line and got off the victim FF (24 tax) driving GST 5 automobiles, which had been driven from the off-distance off to the smooth four-distance off in accordance with the new subparagraph due to the negligence of operating the off-to-land, and caused the said car to be placed at the entrance of the new market.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the above F, such as an open frame in the right strings, which requires approximately 6 weeks of treatment, and injury to the victim H(25 years of age) who was on board the said car, including a right flaver, which requires approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - Reasons for sentencing under Article 62(1) of the Criminal Act - The victims of the instant traffic accident are considerably significant: The fact that the victims of the instant traffic accident have agreed separately from the victims in addition to the comprehensive insurance coverage; the defendant has suffered significant injury due to the instant traffic accident; the defendant has been late or late committing the instant traffic accident; the defendant has been sentenced to a fine of KRW 300,000 due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2013; the defendant has no record of committing the crime; the victim F was driven at the time of the accident - The victim F was driven under the influence of alcohol at the time of the accident - Other various sentencing factors specified in the arguments of the instant case, such as the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime

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