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(영문) 제주지방법원 2013.06.28 2013고단573

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

Around 01:50 on April 4, 2013, the Defendant: (a) driven a low-speed motor vehicle with B in Jeju Island, and driven the two-lanes of the 2-lane road in front of the transformer distance at the Gu tax office located in Jeju Island 2-dong; (b) by negligence, in violation of the stop signal from the Gu tax office’s shooting distance to the point of a Jeju bank; and (c) caused the victim C (47 years old) driver’s front part of the D taxi, who was directly engaged in the operation under the new subparagraph, to the right side of the Defendant’s vehicle, to suffer from the victim E (the victim), who is the passenger of the victimized vehicle, about 7 years old), the injury, such as the mouth at the right side of the road at the Jeju Island 2-lane distance to the branch of the Jeju bank, and caused the victim’s injury to the victim (the victim’s disease at the age of 513 years old and the victim’s disease at the age of 53 years old and the victim’s disease necessary for treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a medical certificate, a copy of each medical certificate, and a de facto survey report;

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: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: A punishment shall be determined as ordered in consideration of all the following circumstances, taking into account the scope of recommendation, sentence, etc. (the traffic crime group, general traffic accident, the first type of traffic accident, the basic area, and April - 10) on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the following circumstances. The favorable circumstances are recognized: The fact of crime is recognized; most of the victims have agreed with the victim;