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(영문) 제주지방법원 2016.12.15 2016고단953
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On April 21, 2016, the Defendant: (a) driven the above cargo vehicle on April 14:11, 201; (b) proceeded along the three-lane road in front of the “D” located in Jeju High School from the port high school to the Jeju High University along the said one-lane road; (c) the Defendant, due to the occupational negligence of the victim E (Nam, South, and age 37) driven from the opposite line to the port high school from the opposite line, driving from the opposite line of view, caused the victim to suffer injury, such as light dust and mination of the upper part of the cargo vehicle, which is driven by the victim E (Seoul, and 37 years old).

Summary of Evidence

1. Defendant's legal statement;

1. E's statement of traffic accident-related person;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis;

1. Application of related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the area where reduction is carried out (one month to eight months) (including special mitigation] in the area where punishment is not granted (including efforts to recover damage);

2. Determination of sentence: The Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, sentencing precedent in similar cases, and other various sentencing conditions specified in the instant pleadings shall be taken into account; in particular, the following conditions shall be taken into account. Disadvantageous circumstances: (a) the Defendant suffered injury to the victim, who had driven Oralone in the opposite line due to the negligence of her central line, due to the Defendant’s negligence, resulting in approximately 16 weeks of treatment of the victim, such as the fluoral fladation and mination of fladul on the left-hand side in need of treatment, and (b) the victim suffers from the injury.

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