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(영문) 제주지방법원 2014.08.22 2014고단921
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

At around 04:50 on June 2, 2014, the Defendant: (a) driven a B rocketing car and operated a bus at the time off the bus terminal at the time of the Jeju, and was in violation of the stop signal, the Defendant sustained the injury of the victim C (e.g., 58 years old) driving the said intersection from the front part of the Defendant’s vehicle to the right side of the male road (on the left side of the Defendant’s vehicle driving side) to receive the front part of the Defendant’s vehicle, and suffered the injury of the victim E (the 52 years old), who is the passenger of the said mother-learning vehicle, to receive approximately two-day medical treatment; (b) caused the injury of the victim E (the 52 years old), who is the passenger of the said mother-learning vehicle, to receive approximately eight-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant photographs, actual condition survey reports, and each medical certificate to statutes;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment without prison labor;

1. Suspension of execution: The decision is made as above on the grounds of recommendation, sentence scope [the scope of sentence [the traffic crime group, general traffic accidents, the first type (the injury of traffic accidents), the mitigation area (the special mitigation area), the imprisonment without prison labor] and the following circumstances in the sentencing guidelines on the grounds of sentencing under Article 62(1) of the Criminal Act (the sentencing conditions stipulated in Article 51 of the Criminal Act as stated in the grounds for sentencing below), and the sentence is determined as ordered in consideration of all the following circumstances. favorable circumstances: recognition of and reflects on the facts of crime; agreement with the victims; the injury suffered by one of the victims is not easy; and other circumstances disadvantageous to the victim without previous conviction: situation of accident (the passage of a vehicle is caused by a fire to the office immediately in the fourth new wall); occupation of the defendant; family relations, etc.

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