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(영문) 제주지방법원 2015.06.05 2015고단106
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

The Defendant is also a person who is engaged in driving of a bareboat cargo vehicle even in C.

On December 13, 2014, the Defendant driven the above cargo vehicle on December 13, 2014, and led Jeju to the front road of the D Building, from the viceland, to the west of the Hando University.

On the front side of the defendant's running direction, the driver had a duty of care to safely drive the motor vehicle, such as driving the motor vehicle, by checking the situation of the front side well, by driving the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded with the foregoing cargo vehicle due to the negligence, thereby resulting in the injury of the victim E (the age of 42) who was standing the crosswalk, resulting in approximately 12 weeks of treatment of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on site photographs;

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 to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, the

1. Suspension of execution: The grounds for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of the reasons for sentencing), and the sentencing criteria and all the following circumstances, shall be determined as the order.

[Sentencing Criteria is a general traffic accident that is favorable to the basic area (from April to October): All criminal facts are recognized and against each other; the fact that there is no previous criminal record; the fact that 18 million won was paid to the victim as a criminal agreement fee due to the insurance processing in which the defendant joined, and that 3 million won was again deposited for the victim as a criminal agreement fee after prosecution. Although it did not reach an agreement with the victim, in light of the scene of the instant accident, the background of the accident, and the degree of the victim's injury, etc., the above criteria are considered.

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