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(영문) 부산지방법원 2019.04.26 2019고단329
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 18, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) committed an injury to the victim E (the victim C(the age of 29) who driven a B rocketing car on November 22, 2018, driving three-lanes from the 4-lanes in the east-dong of Busan East-gu to the erode intersection, while driving the three-lanes from the eroke-lanes in the direction of Busan East-gu to the erode intersection. By negligence, the victim C(the age of 29) driving with the U.S. under normal new subparagraph (the victim), who was employed in the said K7 car, sustained the injury to the victim E(the victim aged 27) for about two weeks of the eroke-cira in need of treatment.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving the said vehicle at the time and place stated in paragraph (1) and at the time and place of mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. C’s traffic accident statement;

1. A traffic accident report;

1. Each written diagnosis;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on Special Cases concerning the Guarantee of Automobile Accident Compensation;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavy criminal situation);

1. Selection of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by which a sentence is imposed;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (the punishment shall be increased by the penalty prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the penalty, and

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (determination of type) shall be committed in general.

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