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(영문) 대구지방법원 2016.07.14 2016고단1380
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a hurd motor vehicle B.

On December 2, 2015, the Defendant driven the above car at around 14:22, and got the victim into the front part of the above car at the right side of the car, and got the victim a part of the victim C (67 years old) driving with about 100 Octi 100 octi of the victim C (67 years old) driving with about 4 weeks of Si-si-gu at the speed of about 40 km in accordance with the first two-lanes, which is the four-lanes of Si-si-gu, from the four-lanes of the end-distances of the road at the speed of about 3-lanes of the road at the speed of about 40km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] General Traffic Accidents No. 1 [No person subject to special sentencing] [the sentence] / [a person subject to special sentencing] / [a person subject to sentencing] / (a decision subject to sentencing] / the following circumstances, such as the age, sex, sex, family relationship, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., shall be determined as per the disposition.

Unfavorable circumstances: The degree of the defendant's breach of duty of care is serious, the degree of damage of the victim is not easy, and the defendant was not able to receive a letter from the victim.

In favorable circumstances: A marine vehicle is covered by liability insurance, but considerable damage to the insurance is likely to be recovered in light of the degree of damage suffered by the victim.

The defendant has no record of the same crime.

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