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Reasons
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(영문) 춘천지방법원 2014.12.09 2014고단1112
교통사고처리특례법위반등
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Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. All on-site photographs;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment and choice of imprisonment without prison labor, which shall be prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents heavier Than that of punishment);

1. The reason for a suspended sentence under Article 62(1) of the Criminal Act (i.e., the confession of the crime and the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents) is not set in the sentencing guidelines. However, since the above two crimes are in the relationship of ordinary concurrent crimes, the lower limit of the sentencing guidelines for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents should be considered as the lower limit of the total crime. [The scope of recommendations] The basic area (i.e., type 1 (Bodily Injury resulting from Traffic Accidents), (ii) the basic area (i.e., the period from April to October) [no special person] [the scope of sentencing compared with the recommended sentence]: April to October [the decision of sentence] of the above recommended sentence in consideration of the above reasons for suspended sentence as well as all the circumstances revealed during the oral proceedings of this case.

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