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(영문) 제주지방법원 2016.11.18 2016고단1695
교통사고처리특례법위반(치상)
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

The defendant is a person who is engaged in driving a Bmeral 124C motor bicycle.

On July 31, 2016, the Defendant driven the above motorcycle at around 18:00, while driving the above motorcycle, the front of the crosswalk C, at Jeju, was driven by a light-string distance.

At the time, the defendant did not stop red signals at the time, and caused the victim to go beyond the road by shocking the body of the victim E (five years old) (five years old) who laid the above crosswalk from the right side of the defendant's running in accordance with the pedestrian signals by the negligence that entered the crosswalk as it is, according to the pedestrian signals, in front of the motor bicycle of the defendant's driving.

As a result, the Defendant suffered injury to the victim, such as the left-hand body flag which requires treatment for about six weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement prepared by the F;

1. A report on traffic accidents and a report on actual condition;

1. Field map and on-site photograph of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Normal circumstances that are favorable to the determination of the sentence as stated in the order, considering the following circumstances, such as the sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act: The scope of the recommendation, sentence (traffic crime group, general traffic accident, type 1 (the injury of traffic accident), basic area, April-1 year), and the following circumstances: The fact of crime is recognized and reflected; the victim shall pay 4 million won with the agreed amount and pay 4 million won to the victim, and the victim shall be held responsible for the treatment and all of the responsibility of the hospital in the event of legacy within one year; disadvantageous circumstances that there is no past record of criminal punishment heavier than the fine; the defendant's occupational negligence (fence, pedestrian violation in the crosswalk) and the degree of the victim's injury;

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