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(영문) 대전지방법원 천안지원 2016.11.11 2016고단1859
교통사고처리특례법위반(치상)등
Text

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

Reasons

. At the same time, the victim’s car was damaged to cover 8,712,757 won, such as the exchange of the preceding pan-alleys.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, at the above date and at the above place, operated the Defendant’s car on the road, which was owned by the Defendant who did not subscribe to mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report on actual conditions and a report on occurrence;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Each photograph and map;

1. Each written diagnosis and written estimate;

1. Written estimate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 1 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: Selection of imprisonment without prison labor, violation of the Road Traffic Act, and violation of the Guarantee of Automobile Accident Compensation Act: Selection of imprisonment with prison labor;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] is the area of aggravation (8 to 2 years) of the first type of traffic accident (the injury of traffic accident) [in the case of drunk driving, etc.], the sentencing guidelines are not set. The violation of the Guarantee of Automobile Accident Compensation Act is not set. [the sentence] The defendant is causing 15 severe injury to the victim in the accident while driving under the influence of alcohol and damaged the motor vehicle, damaged the motor vehicle, has a history of driving under the influence of alcohol, has no history of recovering damage, the time of and reflects the crime, and there is no history of criminal punishment exceeding the fine, etc.

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