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(영문) 전주지방법원 2015.06.02 2015고단321
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

Punishment of the crime

The defendant is a person who is engaged in driving a CS5 car.

On February 5, 2015, the Defendant driven the said car at around 06:06, while driving the said car, and driving three-lanes of the Jindo road located in the Jindo-dong, Chungcheongnam-gu, Jeoncheon-gu, Jeondong-gu, Jeondong-gu, Jeonnam-do along the two-lanes of the Jinnam-do road, from the Jinnam-do-dong, the Defendant suffered from the shock of the part of the victim D (65 years old)'s left side part of the said Estststy car, which was driven from the right side of the Defendant's course to the left side, in contravention of the stop signal, due to the occupational negligence, followed by the straighten signal.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Recording photographs, such as a traffic accident report, report on the occurrence of a traffic accident, and place where a traffic accident occurs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing in Article 62-2 of the Criminal Act [Scope of Recommendation Form] 1 of the Act on the Punishment of General Traffic Accidents (Death resulting from Traffic Accidents) [Special Mitigation] : From one to six months [Pronouncement Decision] - Month 1 to six months [Pronouncement Decision] - Gross negligence (Violation of Signals), serious injury, driving without license, driving without license, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, violation of the Road Traffic Accidents Act, etc. which are favorable to the defendant - The circumstances favorable to the defendant - There are four times a fine history of the same kind of crime, such as the above special mitigation, serious reflectness, subscription to comprehensive motor vehicle insurance, suspension of execution or more criminal records;

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