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(영문) 제주지방법원 2016.06.09 2016고단321

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 K5 si.

On December 13, 2015, the Defendant driven the above taxi on December 22:45, 2015, and continued the D-W road located in Jeju City to the entrance of the airport from the surface of the monthly shooting distance.

Although the restriction speed of the above road at the time was 60 km a speed of time, the defendant did not discover the victim E (35 years) who crosses the above road to the right side from the left side of the taxi driving direction of the Madin defendant due to the negligence of speeding over 87.2 km a speed exceeding 27.2 km a speed of 27.2 km a speed, and caused the victim to go beyond the road by taking the victim's body as the front part of the taxi driving of the defendant.

As a result, the Defendant caused the victim to suffer injury, such as spine damage, pelvise, pelvise, and marine, which require approximately twenty-four (24) week medical treatment by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of the F;

1. 교통사고발생보고, 교통사고 보고 실황 조사서⑴⑵

1. Each investigation report (the degree of damage, etc.), investigation report (the estimated speed of the vehicle), investigation report (the speed limit at the location of the accident), investigation report (the confirmation of the victim E status), investigation report (the report on the confirmation of the suspect's driver's cab image);

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes by cutting down a black stuff image;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the basic area (from April to October) of the type of general traffic accident (the special sentencing factors] (including the advanced efforts to recover damage): In cases where the injury has occurred among the increased factors (the type of one) of the factors for mitigation of punishment;

2. The age, sex, environment, circumstances after the crime, and other circumstances of the defendant who has rendered the sentence of sentence.