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(영문) 제주지방법원 2017.01.10 2016고단1991
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years 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 Oralba.

On July 20, 2016, the Defendant driven the off-to-face 21:15, and driven the off-to-face 149, Seopo-si, Seopo-si, Seopo-si, the Defendant proceeded to the entrance of the Jungpo-si Tourism Complex from the 119 Center.

At the time, since it is at night, there was a duty of care for those engaged in driving service to safely operate by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (W, 56 years old) who was standing to the port from the right side of the Defendant’s running direction, and received the parts of the victim’s arms and urgical parts in front of the above part.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim from blood transfusion, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Written statements prepared by D;

1. On-site photographs;

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

1. Relevant legal provisions and the choice of sentence concerning criminal facts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor;

1. Suspension of execution: The sentencing guidelines under Article 62(1) of the Criminal Act (including the sentencing conditions under Article 51 of the Criminal Act, as stated below) and the following circumstances shall be taken into account for the reasons of sentencing, and the sentence shall be determined as per the order.

The favorable circumstances: The facts of the crime are recognized and discussed; the first offender who has no previous record; the violation of the important duty of care under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents; the fact that medical expenses such as hospitalization expenses of the victim were paid due to insurance processing; the extent of injury suffered by the victim is considerably serious; and other crimes such as the occurrence of the instant accident while the victim was crossing without permission.

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