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(영문) 춘천지방법원 2014.08.12 2014고단319
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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. A three-dimensional statement (in the event of traffic accidents);

1. Each report on actual condition;

1. Each photograph;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal 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 are prescribed for a crime against victim D of the largest offense);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. The sentencing guidelines should be referred to in the meaning of setting the minimum limit of the total crime, because the sentencing period of Article 62-2 of the Criminal Act on Probation and Social Service Order constitutes an ordinary concurrent crime on the grounds of sentencing. [The scope of recommending punishment] The mitigation area (including a special mitigation person), the mitigation area (including a serious effort to recover damage) of Type 1 of general traffic accident (the injury caused by traffic accident) [the scope of sentence] the mitigation area (including a serious effort to recover damage): the sentencing range: January-6 [the sentence] above, and the defendant did not have criminal power until now; however, there has been two traffic accidents other than the instant case; the accident of this case was reported across the crossing, and the victim's degree of damage, etc. was determined as ordered within the minimum limit of the recommending punishment, taking into account all the circumstances revealed during the oral proceedings of this case, such as the victim's degree of damage.

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