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(영문) 대전지방법원 천안지원 2015.07.16 2015고단712
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

. During the proceeding, the part of the victim E (the age of 27) was placed on the left side of the victim E (the age of 27) with the right side of the Defendant’s vehicle.

As a result, the defendant caused the victim by negligence in the course of business to suffer from the left-hand salt and safinites in need of treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. Reports on traffic accidents (on the actual condition survey report and report on the occurrence of traffic accidents);

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Investigation report (verification of the same kind of power);

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 3 (1) (proviso) and Article 3 (2) (proviso) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [the addition of the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever the punishment is heavier, within the minimum limit of a violation of the Road Traffic Act];

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act * The reason for sentencing under Article 62-2 of the Act on the Special Cases concerning the Settlement of Traffic Accidents is concurrent crimes with the violation of the Road Traffic Act (driving) to which the sentencing guidelines do not apply, so the sentence shall be determined by referring to the following sentencing: [the scope of recommendation] the special mitigation area (one to six months) of the first type of traffic accident (the injury caused by traffic accident) (the special mitigation area) (including the injury caused by traffic accident)] * Notwithstanding the record of the same crime as the decision-making of the sentence, the fact that the case reaches this case is more punished, but there is no record of punishment more than a fine, the fact that the decision-making of the sentence was made smoothly with the victim, and the fact that the decision-making guidelines

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