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(영문) 전주지방법원 2016.05.10 2016고단108
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 17, 2015, the Defendant, in violation of the Road Traffic Act (unlicensed driving) driven a Dopoter flaps, with no driver’s license, from around 20km to around 20km-gun-gun, Yancheon-gun, Jeon-si, Jeoncheon-si, with sand, from around 10:0,00 to about 2:0,000, dpob flaps without a driver’s license.

2. On November 17, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), as stated in the above paragraph (1) above, was negligent in driving the said cargo without a driver’s license, and driving the said cargo on the side of the opposite side of the road, and driving the said cargo onto the Janan-ean-ean-ean-ean-ei-e-e-e-gro-e-e-e-gro-e-e-gro-e-e-e-grade, sand, a two-lane fluorn-e-gin, sand, at the right side of the front road, did not accurately operate the operation of the brake and steering gear while driving the road from the front side of the road at the right side of the latter.

As a result, the Defendant caused the above occupational negligence and sustained injury to the victim E (the 49 years old) who was on board the said cargo due to approximately 32 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report, a survey report, and a photograph of the scene of the accident;

1. The driver's license ledger;

1. The application of Acts and subordinate statutes requesting a medical certificate or investigative cooperation;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the real occupation, the choice of imprisonment without prison labor), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation, community service and order to attend lectures (the scope of recommended punishment) shall be the general traffic accident;

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