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(영문) 제주지방법원 2016.12.09 2016고단1983
교통사고처리특례법위반(치상)
Text

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

However, 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

The Defendant also is a person who is engaged in driving of cargo vehicles.

On July 31, 2016, the Defendant driven the above cargo vehicle around 09:20 and continued the two-lane road from the E camp in Seopoposisisisisisisisisisisi.

피고인은 당시 중앙선을 침범하여 중앙분리대 사이에 있는 횡단보도로 불법 유턴한 과실로 반대차로 1차로에서 진행하던 피해자 F(53세) 운전의 G SM5 승용차의 좌측 앞범퍼 부분을 피고인 운전 승용차 우측 앞범퍼 부분으로 들이받고, 그 충격으로 위 SM5 승용차가 우측으로 튕겨 나가면서 SM5 승용차의 진행방향 2차로에 주차되어 있던 H 쏘나타 승용차의 뒷범퍼 부분을 위 SM5 승용차 앞범퍼 부분으로 들이받게 하였다.

As a result, the Defendant by such occupational negligence caused the victim FF to inflict injury on the victim I (the victim I, who is the passenger of SM5 car, the victim I (the 50-year old age), who is in need of approximately 6 weeks of treatment, with injury such as cutting down, closing, etc. of the promotional bones, which requires approximately 4 weeks of treatment, and the victim J (the 22-year age age), with injury such as feleing, closing, etc., which requires approximately 2 weeks of treatment, and with the same victim K (the 14-year age age), each of them suffered from the injury, such as knee, which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of each traffic accident related to F and L;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order are as follows: A favorable circumstance to determine the sentence as ordered:

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