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(영문) 제주지방법원 2016.07.13 2016고단769

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA-learning car.

On January 13, 2016, the Defendant driven the above car at around 18:35, and driven it along the two-lanes of “F” pension in Seopopo City E, Seopopo City, the two-lanes of the two-lanes of “F” road at the new wind direction.

At the time, at night and at the front, a crosswalk was installed at the night, so in such a case, the driver of the vehicle had a duty of care to see the front door as well as to ensure the safe operation of the steering system by accurately manipulating the steering direction and the steering system with the care of pedestrians.

Nevertheless, by negligence in the course of business where the Defendant did not neglect this, and proceeded with the Defendant’s driving direction, the Defendant’s driver G(27 years) and the victim H(26 years) met on the left side of the Defendant’s driving direction with the right side of the road along the crosswalk.

Ultimately, the Defendant suffered from the victim G’s occupational negligence such as an injury to the body body felbling, etc., which requires approximately 14 weeks of medical treatment, and injury to the victim H, such as an injury to the flasing-out and outing-of-school transfusion, which requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition of a traffic accident, each field photo, photographs at the time of the accident, victims' photographs, and first-aid services;

1. Each police statement made to G, H and I;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment without prison labor;

1. Suspension of execution: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;

Reasons for sentencing (in the range of sentencing guidelines recommended by sentencing guidelines), the injury of general traffic accidents and the basic area: April -1 year ordinary circumstances: a reasonable deposit amount (in June 17, 2016).