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(영문) 제주지방법원 2013.12.06 2013고단1450

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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

On June 18, 2013, at around 20:48, the Defendant driven a B rocketing car and proceeded from the west Sweet to the west-off plane in accordance with the two-lane road in front of the “Sweet” which is located in the Tweet in the Tweet in the Tweon-si, the Defendant sustained the injury of the victim C (the 60-year-older), the front-hander of the Defendant’s vehicle, by neglecting his duty of care to check whether there is a person who gets on the way to reduce the speed, and by neglecting his duty of care to safely drive the vehicle, the Defendant got the victim C (the 60-year-older), who gets the front-hander of the Defendant’s vehicle, and the victim was in need of a detailed treatment for about seven weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the field map, relevant photographs, traffic accident reports, and diagnosis reports;

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, and

1. Suspension of execution: Recommendation, sentence scope [the scope of sentence by traffic crime group, general traffic accident, type 1 (injury of traffic accident), basic area, basic area, April - 10] on the grounds of sentencing (Article 51 of the Criminal Act as stated in the reasons for sentencing] under Article 62(1) of the Criminal Act (Article 51 of the Criminal Act as stated in the reasons for sentencing) and the following circumstances are determined as stated in the order, taking into account all the following circumstances: Recognizing the favorable circumstances: recognition of and reflects the facts of crime, circumstances that may be taken into account in part of the circumstances of the accident (the fact that it was difficult for the accident site at the time when considering the photographs submitted as evidence, the defendant seems to have been driving at the beginning of the accident site at the time), damage caused by the automobile comprehensive insurance, and the fact that there is no criminal record exceeding the fine: The injury suffered by the victim is not clear, and other circumstances that are disadvantageous after the execution of the emergency relief measures after the crime,