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(영문) 제주지방법원 2013.10.25 2013고단1127
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2013, the Defendant driven a B Oralb, and driven a three-lane road in front of the Jeju-do 2-Dong, Jeju-si, Jeju-si, Jeju-do, along the two-lanes, from the 2nd east of the Seoul-do community service center, caused the Defendant by his occupational negligence, and caused the Defendant’s injury to the victim C (the age of 64) crossing the road to the right side of the road from the running direction of the Defendant’s vehicle, without looking well of the front direction while driving the three-lanes along the two-lanes from the 2nd east of the Japan-do 2nd Do community service center, and driving the two-lanes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to the actual traffic accident investigation report and diagnosis report;

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

1. Suspension of execution: A suspended sentence shall be imposed in consideration of the following circumstances in the sentencing guidelines for the reasons for sentencing [the scope of recommended sentences [the traffic crime group, general traffic accident, type 1 (the injury of a traffic accident), the mitigation area (the occurrence of a traffic accident even to a victim), the relief area (the occurrence of a traffic accident), the imprisonment without prison labor for not more than six months] under Article 62 (1) of the Criminal Act (the sentencing conditions under Article 51 of the Criminal Act as stated in the reasons for sentencing below), and the following circumstances. The favorable circumstances are recognized as favorable: the degree of a crime is not serious; the degree of a violation of the duty of care is not excessive; the situation that the victim does not take into account the situation of the accident; the injury suffered by the victim is serious; 200 years, the fact that the victim has a previous conviction in the same kind of crime; 1 million won, the Act on Special Cases concerning the Settlement of Traffic Accidents;

(z) In light of the circumstances favorable to the defendant, the fact that there are no other previous convictions thereafter shall be judged as per Disposition for the reasons above the age, occupation, etc. of the defendant.

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