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(영문) 제주지방법원 2014.02.14 2013고단1709
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

Around 18:30 on November 14, 2013, the Defendant was driving the C Freight Vehicle and was going to turn to the left at the right side of Jeju-si High School, instead of leaving and leaving the road in front of the credit union in front of the post-Seoul High School, and the Defendant was installed at the crosswalk in front of the direction. As such, the Defendant neglected his duty of care to reduce the speed and to verify whether there was a pedestrian or not by failing to perform his duty of care, and caused the victim’s injury, such as the closure of the mouth, bones, etc. requiring approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to traffic accidents prepared D;

1. Application of Acts and subordinate statutes to the field map, photograph, diagnostic report, and actual condition survey report on traffic accidents;

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 of Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and

1. Suspension of execution: The decision is made in accordance with the order, taking into account all of the following circumstances and the following circumstances in the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 51 of the Criminal Act), the scope of recommended sentences [the traffic crime group, general traffic accidents, types 1, mitigation area (special mitigation area), imprisonment without prison labor not exceeding 6 months] and the following circumstances. favorable circumstances: recognition of and reflects on the facts of the crime; agreement with the victim; minor fines (see, 500,000 won) are imposed once in 195; the degree of violation of the duty of care is less severe and less disadvantageous to the victim; and others, the injury suffered by the victim is more severe than the degree of violation of the duty of care: It is decided as per Disposition on the grounds that the circumstances, circumstances after the crime, the occupation, family relations, etc.

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