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(영문) 제주지방법원 2014.12.03 2014고단1560
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

The Defendant is a person engaging in driving a rocketing car.

On October 6, 2014, the Defendant driven the said car on the 21:05th day of October, 2014, and driven the two-lane road in front of the cafeteria 85, which is the Hansi University of Jeju, along with the two-lane road from the side of the cafeteria apartment.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents and safely drive the motor vehicle by accurately manipulating the steering gear, such as whether the driver of the motor vehicle is a pedestrian or not.

Nevertheless, the Defendant received the victim C (the age of 38) who was standing on the said passenger crossing due to negligence while neglecting this, from the front part of the said passenger vehicle, and suffered injury to the victim, such as brain-dead, which does not have two open situations requiring approximately seven weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general traffic accident [the grounds for sentencing under Article 62(1) of the Criminal Act] the mitigated area of punishment [the person who has been specially mitigated] [including efforts to recover from traffic accidents] [the decision of a sentence] reflects the circumstances favorable to the victim (including the decision of a sentence], general insurance, the fact that the victim was covered by a comprehensive insurance, the fact that the victim was an accident at a crosswalk, and the degree of the victim's injury is not easy, and there are various kinds of circumstances under Article 51 of the Criminal Act, such as the above circumstances at the time of the accident, circumstances of the accident, the defendant's age, character and behavior, and environment.

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