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(영문) 제주지방법원 2017.06.29 2016고단1635
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a car at C food 2008.

On October 24, 2015, the Defendant driven the said car at the E convenience store in front of the E convenience store located in D at the Jeju city on October 24, 2015, and led the Defendant to drive the said car at a non-speed speed depending on the two-lanes from the Jeju Airport as the surface of the Jeju Airport.

At the time, there is a night and a place where a crosswalk is installed, so a person engaged in driving of a motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right of the road.

Nevertheless, the Defendant neglected to do so and proceeded on as it was the victim F (75 tax) who dried the crosswalk from the left-hand side of the running direction to the right-hand side of the said car.

Ultimately, the Defendant suffered injury to the victim, such as cerebral cerebral cerebrovassis, which requires approximately 12 weeks medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Investigation report (on-site investigation and verification of accident vehicles), investigation report (H telephone investigation);

1. Report on the occurrence of a traffic accident, (i) report on the occurrence of a traffic accident, report on the traffic accident, and shesheshes to conduct the investigation;

1. A written request, reply, and diagnosis;

1. Notification of traffic accident analysis results;

1. Application of the Acts and subordinate statutes to photograph I out CCTV images;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be limited to the general traffic accident case (the injury caused by traffic accidents) and the aggravated area (eight months to two years) (the person who has been specially increased).

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