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(영문) 광주지방법원 순천지원 2016.10.26 2015고단1050
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant is the driver of the B CWI car.

On October 09, 201, the Defendant driving the said car without obtaining a driver's license on October 10, 201, and driving it into two-lanes among the two-lanes in the Cheongamban-si, the Defendant is under traffic control by signal, etc. at the same time. Therefore, there was a duty of care to safely proceed according to the new name.

Nevertheless, the Defendant obtained the front right part of the driver's seat of the D Poter Driving D (Age 43)'s car from the Defendant's vehicle to the front right part of the Defendant's car, and due to the shock, suffered from the victim E (age 50) who was on the part of the damaged vehicle for about 12 weeks of treatment, such as pulverization in the right lusium, which requires about 10 weeks of treatment to the victim E (age 50) who was on the part of the damaged vehicle, and suffered about 6 weeks of treatment from the same victim F (age 7), the right mosium mosium in need of approximately 6 weeks of treatment, and the right mosium in need of approximately 2 weeks of treatment from the same victim G (age 5).

Summary of Evidence

Investigation Report of the police protocol of the police interrogation protocol C (related to telephone communications of the victim) to the accused

1. Relevant provisions of the proviso of Article 3 (1) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommendations] is the case where the illegality in the area of aggravation (8 to 2 years) of the category 1 of the general traffic accident (the injury caused by traffic accident) (excluding subparagraph 8) (the special person] of Article 3(2) (proviso) of the School Special Treatment Act is serious (the decision of sentence).

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