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(영문) 제주지방법원 2016.02.04 2015고단1641
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 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 Clearning car.

On November 5, 2015, the Defendant driven the said car at around 14:15, and got to turn to the left at one rith from the “One-ri Office of Euukuk,” the entrance of the Han-gu Seoul Metropolitan City, Han-gu, Seoul Metropolitan City, to the right side of the road, which is located in the same Ri.

In this case, the driver of the motor vehicle had a duty of care to prevent accidents and safely drive the motor vehicle by accurately operating the steering right and the steering gear for the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn to the left, received the victim D (the age of 85) who was a victim who was a fright of the said car from the victim of the said car (the age of 85). The Defendant suffered injury, such as a slick flus and an abandonment fals, which require about 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A survey report on actual conditions;

1. Medical certificate (D);

1. Application of related Acts and subordinate statutes to photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the reasons for sentencing as follows);

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of type: One type of ordinary traffic accident;

(b) The scope of the recommendation and the scope of the recommended sentence: Basic territory, April to October of the credit cooperative;

2. Determination of sentence: Determination of sentence of imprisonment without prison labor shall be made in consideration of all the following circumstances, but the execution of sentence shall be suspended on condition that a community service order be rendered, and such sentence shall be determined as the order.

Unfavorable circumstances: A person who causes serious injury to the elderly by shocking the person who suffered damage to the elderly as a whole, did not reach an agreement with the victim, and the victim's children.

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