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(영문) 의정부지방법원 2014.04.01 2014고단55
교통사고처리특례법위반
Text

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

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

Reasons

Criminal facts

At around 07:00 on November 13, 2013, the Defendant, as a person engaged in driving of B B-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

The Defendant suffered from an injury, such as duplicating cage fages, which requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Application of the Acts and subordinate statutes to photographs of medical certificates, crime prevention camera images;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] Type 1 of General Traffic Accidents (Aggravated Injury resulting from Traffic Accidents): - In the mitigated area of punishment [Determination of the recommended area] [The scope of recommendation] mitigated area] from January to June [the scope of recommendation] mitigated area] - In the case of motor vehicle comprehensive insurance, serious reflector – Aggravation factors: In the case of serious injury not serious injury; whether or not the suspension of execution falls under the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents [The positive reason] - The positive reason is clear of punishment, social relation, clear social relation, serious reflects, lack of suspended sentence, criminal detention of the defendant entails excessive difficulty to his/her family members; comprehensive motor vehicle insurance - Reasons falling under the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents; six months of imprisonment without prison labor or two years of suspended execution.

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