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(영문) 수원지방법원 2014.05.22 2013고단2915
교통사고처리특례법위반등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 23, 2010, the Defendant was issued a summary order of 2.5 million won by the Suwon District Court for the crime of violation of the Road Traffic Act, and three million won by the same court on November 9, 201.

【Criminal Facts】

On May 13, 2013, at around 22:20:20, the Defendant driven B wref without obtaining a driving license with a blood alcohol concentration of 0.088%. On May 13, 2013, the Defendant moved back at a bus stop located in the Dobong-gu Seoul Metropolitan Government and in the bus stop located in the Korean salary-Eup office, and the Defendant was found to have been a victim C (V, 66 years old) who was on the rear side of the said vehicle due to occupational negligence, which was negligent in performing the duty of follow-up and did not properly operate steering and brakes.

As a result, the defendant suffered a light fluoral fluorum, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition of traffic accidents;

1. Report on the statement of the situation of a driver, investigation report, and the ledger of one driver's license for one motor vehicle;

1. A medical certificate;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of criminal records and investigation reports);

1. Article 3 (1), the proviso to Article 3 (3) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the punishment shall be imposed as imprisonment with prison labor for the concurrent crimes stipulated by the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which has heavier penalty: Provided, That the lowest sentence shall be the punishment determined for the crime of violating the Road Traffic Act];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social services;

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