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(영문) 대전지방법원 논산지원 2013.04.16 2012고단569
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2. Provided, That the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person driving one ton cargo vehicle B.

On August 27, 2012, the Defendant driven the above cargo vehicle on August 12:30, 2012, while proceeding the road near the mountain mountain village in the Seosan-si, Seosan-si, Seosan-do, the Defendant was on the right side part of the victim C (Nam, 31) driving, which was going through by the central line, due to the occupational negligence, and due to the injury of the victim C (Nam, 31) driving while driving the said cargo vehicle on the right side part of the said cargo vehicle.

As a result, the Defendant suffered injury to the victim, such as cerebral alins, which is not known in detail, for about 40 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a patient opinion, and a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: One month to five years of imprisonment without prison labor;

2. The basic area of sentencing guidelines [decision of types] the traffic crime group, the general traffic accident Type 1 (Bodily Injury from Traffic Accidents): Imprisonment without prison labor for a period of April to October: In case of imprisonment without prison labor for a period of not more than 4 months or special mitigation factors: A serious injury.

3. Determination of sentence: Ten months of imprisonment without prison labor;

4. Whether or not to suspend the execution: 2 years of the suspension of execution [main reasons for the suspension of execution] positive: Serious reflects on the punishment, negative impacts that there is no record of criminal punishment: Seriously: The central crime (comprehensive comparison assessment) is against the defendant's disadvantage that the defendant has caused a traffic accident due to negligence of driving the central line, or that the defendant has committed a traffic accident due to negligence, the defendant is against the crime, the defendant has no criminal record, the defendant's vehicle is covered by the comprehensive motor vehicle insurance, and the victim is the victim.

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