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(영문) 대전지방법원 홍성지원 2012.12.07 2012고단923
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

Around 17:40 on September 13, 2012, the Defendant driven a rocketing car as B on the duty of 17:40 on the project, and led the Defendant to proceed with the first road of approximately 60 km in the front of the Haak-gun in the Haak-gun in the Haak-gun of the Chungcheongnamnam Budget at a speed of 50 km from the scopical surface to the scopical surface, and there is a center line of the scopic yellow-ray. In such a case, the Defendant was negligent in performing the duty of care to thoroughly operate the scopic-ray and safely drive the scopic system while neglecting the duty of care to safely drive the scopic-ray, thereby causing damage to the victim’s 1:5 scopic 1:0 on the left-hand side of the said scopic 1:5 scopic 1:0 on the left-hand side of the said scopic 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition survey report, on-site photograph, body autopsy report, and diagnostic certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with a more severe penalty);

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is a first offender who has no criminal power, and the defendant invadeds the central line.

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