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(영문) 제주지방법원 2014.03.21 2014고단146
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

At around 22:55 on December 9, 2013, the Defendant: (a) driven a rocketing car on the front part of the Defendant’s vehicle, and proceeded at the seat of the airport cargo office by two-lanes on the front side of the “Dongnrenk” garage, which is located in the 88-lane of Jeju Island, in accordance with the two-lanes of the two-lane road; (b) caused the Defendant to suffer injury, such as the so-called the so-called off between the front part of the Defendant’s vehicle, by the negligence of the victim D(59 years old) driving on the opposite lane, who was running at the front part of the Defendant, due to the shock of the victim D(59 years old), who was suffering from the injury of the victim, such as the so-called offline, which requires approximately fourteen-day treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

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 paragraph (2) of the same Article, Article 268 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: The punishment shall be determined as ordered in consideration of all the following circumstances, taking into account the scope of recommendation, sentence and sentence (the traffic crime group, general traffic accident, the first type (the injury of traffic accident), the basic area, and April - 10 months) on the grounds of sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. and the following circumstances. The favorable circumstances are recognized and reflected: the damage was recovered through the automobile comprehensive insurance; the part of the damage was recovered from the crime; the injury was the first offense without a previous conviction; the degree of violation of the duty of care was not easy; other circumstances, the health status of the defendant after the crime; family relationship, etc.:

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