beta
(영문) 제주지방법원 2013.08.30 2013고단849

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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

At around 15:50 on June 16, 2013, the Defendant: (a) driven a rocketing vehicle at the time of Jeju, and carried out a road of approximately 500 meters south of the “aviation-do” located in the Ethyptam of the Eup in the Jeju Island at the time of Jeju, on the eth of the air wave, and was negligent in neglecting the duty at the time of the ethroping the center; (b) caused the Defendant’s failure to perform the duty at the time of the ethroping; and (c) caused the Defendant’s injury to the Victim C (Y, 38 years old) with the front part of the Defendant’s vehicle, and caused the Victim C with a detailed ethropty that requires approximately 3 weeks medical treatment; and (d) with the ethroping pleke that requires approximately 8 weeks medical treatment on board the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports (1.2) (1.2), road photographs at the scene of the accident, and copies of each diagnosis document;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment without prison labor;

1. Suspension of execution: Recommendations and scope of sentence [the scope of sentence (the traffic crime group, general traffic accident, the first type, the area of mitigation of traffic accident, the imprisonment without prison labor for not more than six months] on the grounds of sentencing in Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act), and considering all the following circumstances, the sentence shall be determined as per the disposition in consideration of the reasons of sentencing (the traffic crime group, the general traffic accident, the first type, the area of mitigation of mitigation of traffic accident), the imprisonment without prison labor for not more than six months] and the following circumstances. favorable circumstances are recognized as favorable: the fact that the victims have agreed with the victims; the injury suffered by the victims is not easy: It is so decided as per the disposition