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(영문) 제주지방법원 2013.05.24 2013고단435

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that 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 06:30 on December 19, 2012, the Defendant was driving the C Freight Vehicle and proceeded as a slope of the happiness principle in accordance with the two-lanes of the Han-dong Elementary School in Han-dong, Dong-dong, Dong-gu, Dong-gu, Dong-gu, Jeju. At that time, the Defendant was in the state that the surrounding area was not secured due to the sunrise and the passage was not well secured. Therefore, even if he was negligent in performing his duty of care to safely drive the said Road by taking well into account the front and left side of the vehicle, the Defendant’s negligence caused a serious injury, such as damage (f7 years old) to the victim D (n) crossing the said road to the right side of the Defendant’s running direction, and caused the victim to suffer about 36 weeks of injury by shocking the victim D (f7 years old) with the front side of the two main bodies where the two main bodies open to be treated for about 36 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the traffic accident actual condition investigation report, reply letter, and general medical certificate;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Articles 3(1) and 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Suspension of execution: A suspended sentence shall be imposed as ordered in consideration of all of the following circumstances in the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act): The range of recommended sentences [in the event of traffic crimes, general traffic accidents, types 1, basic areas (in the event of serious injury: the victim has a substantial negligence in the occurrence of traffic accidents: the victim), April of imprisonment without prison labor, October 10] and the following circumstances. A favorable normal circumstances: A favorable circumstance is when a crime is committed: (i) the time of and against the accident; (ii) the degree of negligence is not emphasized; (iii) the circumstances are to be taken into account in the situation of the accident; and (iv) five million won is deposited for the victim: The injury suffered by the victim is very serious; and (iv) the victim is determined as per Disposition on the grounds of age, occupation, etc. of the defendant: