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(영문) 대구지방법원 상주지원 2016.02.16 2016고정9
교통사고처리특례법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 13, 2015, the Defendant operated the said car at around 15:43 on November 13, 2015, and moved directly from the apartment room to the view of the viewing room in the door-to-door, the Defendant was negligent in violating the signal, and caused the victim C (28 years old) driver’s car, who was stationed in the front line of the citizen playground at that time, was frightd as a driver of the fright car, thereby suffering from the injury of the victim, such as the frightum fright, etc. which requires a three-day medical treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the grace period: fine of one million won, detention in a workhouse: 100,000 won per day, conditions favorable to the reasons for sentencing as set forth below, etc.) has no record of criminal punishment against the defendant, and the defendant has agreed smoothly with the victim; the circumstances of this case are not relevant; the defendant's age, sex and environment, motive, means, means and consequence of the crime; and the conditions of sentencing as set forth in the arguments of this case, such as the circumstances after the crime, shall be considered.

Rejection of Public Prosecution

1. The summary of the facts charged as to the violation of the Road Traffic Act among the facts charged in the instant case is that the Defendant destroyed the victim C driver's D driver's car with the traffic accident under the circumstances indicated in its reasoning, thereby damaging KRW 3,259,265.

2. This part of the facts charged is an offense falling under Article 151 of the Road Traffic Act and shall not be prosecuted against the will expressed by the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, the defendant is now.

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