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(영문) 대구지방법원 2014.09.30 2014고단3649
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment 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

On May 2, 201, the Defendant was a person engaged in driving of Churd motor vehicles, and the validity of an international driver's license was lost from the time one year elapsed since the entry into the Republic of Korea.

On May 31, 2014, the Defendant did not obtain a driver’s license, and when driving at a speed of about 50 kilometers a speed of about 50 kilometers a speed from the front side of E company located in 00:25 on the front side of Sinsan-si on the front side of the front side of the Sinsan-si at the speed of 0:50 kilometers a speed of 50 kilometers a speed. A person engaged in driving duties at the driving of a vehicle at the speed of the opposite side is negligent in the course of the vehicle running along the central line and in the course of duty of care to safely drive the vehicle along the opposite lane despite the fact that he has the duty of care to safely drive the vehicle along the opposite lane, and caused the victim to suffer the injury, such as cerebrle, which requires a medical treatment for about three weeks at the front end of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A medical certificate;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution [the scope of recommending sentence] general traffic accidents in Article 62(1) of the Criminal Act shall be the basic area (4 to 10 months) (special mitigation).

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