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(영문) 제주지방법원 2016.12.15 2016고단2178

교통사고처리특례법위반(치상)

Text

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

The Defendant is a person who is engaged in the operation of C New Flaun rocketing car.

On July 16, 2016, the Defendant driven the above car at around 23:20 on July 16, 2016, and continued to turn to the left the road at the intersection of the “Epathn Foreign Department” located in Jeju City D from the Donnam-distance off to the westastrost of the distance.

The Defendant, by failing to enter a yellow signal at the time and turn left, got the victim into the front part of the victim F (the age of 43) with the right side of the road from the left side of the direction of the Defendant’s proceeding and let the victim go beyond the road by driving the vehicle.

As a result, the Defendant caused the victim by negligence in the course of performing the above duties to suffer injury to the victim of less than two injury, such as cerebral cerebral brain damage, which requires an open medical treatment for about 20 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, actual condition survey reports, and reports on the occurrence of traffic accidents;

1. Investigation report (verification of the current state, etc. of the victim from the wife of the victim);

1. Requests for cooperation in investigation (request for opinions on serious injuries) and replies;

1. Investigation report (signal frequency tag), signal frequency tag (52 pages of investigation records);

1. A comprehensive analysis of traffic accidents;

1. A medical certificate (F);

1. Application of the Acts and subordinate statutes to a photographic image of a black stuff, a photographic photo of a witness vehicle G, a photographic image of a witness vehicle in succession to a photographic image;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. A person subject to reduction in the scope of recommendation [the scope of recommendation] on the sentencing criteria shall be limited to the range of recommendation [the range of recommendation] on the general traffic accident category I (1-8 months): a person subject to punishment (including a person subject to serious effort to recover the damage) where there are substantial negligence on the occurrence of a traffic accident or the expansion of damage to the victim.