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(영문) 제주지방법원 2015.05.14 2015고단104

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Criminal Power】 On October 24, 2013, the Defendant was sentenced to a suspended sentence of two years on October 1, 2013 by Jeju District Court for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which became final and conclusive on November 1, 2013 and is currently subject to a suspended sentence.

【Criminal Facts of Crimes】 On December 29, 2014, the Defendant was negligent in the course of performing duties, which caused two-lanes of roads in front of the 42-lane of the Central Road Depository in front of the Central Road of Seopo-si, Seopopo-si, to the early middle distance, and discovered a road along the crosswalk from the left side of the front bank to the right side of the road at late later, and received the victim from the front part of the vehicle without being faced with the victim’s d (48 years of age) but without being able to avoid the situation, and caused the victim’s injury, such as the pelle, pelle, and the pelle of the rear part, which require the victim to take approximately eight-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs;

1. A medical certificate;

1. Investigation report (to hear reports on victim's D phone statements);

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification of the facts during the suspension of execution of sentence) and statutes;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Article 3 (1) and the proviso of Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents,

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

Normal conditions favorable to the reasons for sentencing: A person who committed a crime during the period of suspension of execution of previous convictions for the same kind of crime;