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(영문) 제주지방법원 2016.06.15 2016고단569

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor 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

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On March 19, 2016, the Defendant driven the above taxi on March 19, 2016 and proceeded along the two-lane of the “E convenience store” in Jeju City along the direction of the wharf from the edge of the road on the north of the steering distance of the said road, and did not discover the victim F, who dried the road along the crosswalk to the right side of the said taxi on the left side of the said taxi (n, 37 years old), and did not find the victim F (n, e.g., the age of 37) on the right side of the said taxi and incurred injury to the victim, such as the mouth of the first part above part of the first part, which requires about five weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement prepared by the F;

1. A report on the occurrence of a traffic accident (including on-site intensity and related photographs), and an investigation report on the actual condition of a traffic accident;

1. A written diagnosis of victims;

1. Application of Acts and subordinate statutes to black stuffs, video CDs and investigation reports (fixture screens);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing guidelines for sentencing under Article 62-2 of the Criminal Act provides for the reasons for sentencing under Article 62-2 of the Order to Attend the lecture (the traffic crime group, general traffic accidents, the type 1 (the injury of traffic accidents), the basic area of the imprisonment without prison labor, April to October) and the following circumstances: Recognition of the facts of the crime and reflects on the circumstances that are favorable to the determination of the sentence as ordered: The circumstances in which the defendant's vehicle was admitted to the mutual aid association; the defendant's negligence was committed by violating the duty to protect pedestrians at the crosswalk; the fact that there was a history of being subject to a disposition that has not been authorized to prosecute due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on November 23, 2012 and July 10, 2015; the circumstances of the accident in this case; the degree of the injury the victim sustained