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(영문) 대전지방법원 논산지원 2014.04.22 2014고단63
교통사고처리특례법위반
Text

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

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

3.

Reasons

Punishment of the crime

On December 24, 2013, the Defendant operated BST5 car and proceeded with the national highway No. 23 in front of the king 1-U.S. bus platform, which was located in the BM5 car king at the time BM5, from the Yan-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, the Defendant received the full part of the DEF Doz., which was driven by the victim C (Nam, 52 years old) who was normally going on the left side of the national highway where central line and central separation cost are installed, as the front part of the Defendant’s car.

As a result, the Defendant suffered injury to the victim C, such as a pelon abandonment, etc., which needs to be treated for about 16 weeks, injury to the victim E (E, South and 34 years of age) who was accompanied by the damaged vehicle for about 8 weeks, such as the right gale pelle pelle, etc., which needs to be treated for about 2 weeks, and injury to the victim F (F, South and 25 years of age) who was accompanied by the Defendant’s car for about 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Each description of the actual condition survey report, on-site photographs, and each diagnosis report, or the application of statutes on images;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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

1. Selection of alternative imprisonment without prison labor;

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

1. Grounds for sentencing 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 from the date of imprisonment without prison labor (or two or more years from the date of qualification competition and choice of imprisonment without prison labor);

2. Sentencing Criteria - Each traffic crime group in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (determination of types): Each traffic accident group, each traffic accident Type 1 (Scope of Recommendation Punishment): Special mitigation factors in the area of mitigation of punishment for up to six months by imprisonment without prison labor: No special aggravation factor:

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

4. Whether a suspended sentence is suspended: The defendant 2 years of the suspended sentence operates a national highway in which the central separation cost is installed, resulting in the instant traffic accident;

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