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(영문) 제주지방법원 2016.09.23 2016고단1406

교통사고처리특례법위반(치상)

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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2016, the Defendant driven a C rocketing car at around 21:00 and driven a road near the second apartment of the Seocheon-gu, Seocheon-do, which is located in the 20-lane 26, in the city of Jeju, to the west at the west, and was negligent in the course of duty in driving the central line at the west, and caused the injury to the victim D (the remaining, 20 years old) who was aboard the vibration kick on the opposite line due to the accident in the course of duty, which was driven by the victim D (the other, 20 years old) who was driving the said vehicle at around 8 weeks in the front part of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. The actual investigation report on traffic accidents;

1. A medical certificate or an injury medical certificate;

1. Application of statutes on field photographs;

1. Relevant legal provisions and the choice of punishment for a crime: 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, the selection of imprisonment without prison labor;

1. Suspension of execution: The sentencing guidelines under Article 62(1) of the Criminal Act (including the sentencing conditions under Article 51 of the Criminal Act, as stated below) and the following circumstances shall be taken into account for the reasons of sentencing, and the sentence shall be determined as per the order.

The favorable circumstances: The facts of the crime are recognized and considered to be committed, the fact that the victim agreed smoothly with the victim after the prosecution, the circumstance that the central line did not have any criminal record: the degree of violation of the duty of care is serious, such as causing traffic accidents by negligence of the central line, and the degree of injury to the victim is serious: The degree of injury to the victim is serious: the motive and circumstances of the crime, circumstances after the crime was committed, the circumstances after the crime was committed, the occupation, age, family relationship [the sentencing guidelines] of the mitigated area (one month to eight months) [the scope of the recommended punishment] of the mitigated area (including the person subject to special mitigation] on the grounds of not less than punishment (including a serious effort to recover damage).