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(영문) 제주지방법원 2016.06.03 2016고단545
교통사고처리특례법위반
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CF leleon.

On November 26, 2015, the Defendant driven an above 06:05, and proceeded to turn to the left the front of the E restaurant located in the Jeju City by making the front of the E restaurant located in D from the gate of the Jindo Building to the sloping of the central sloping of the Jindo.

Despite the fact that the road from the time building to the front of the above E-cafeteria is a one-way passage along which a sign prohibiting entry was installed, the Defendant, by negligence, attempted to turn to the left while driving along the road and caused the damaged person to go to the road by taking the body of the victim F (84 tax) in front of the above E-cafeteria.

As a result, the Defendant suffered from the above occupational negligence that caused the victim to suffer approximately 10 weeks of pressure pressure 11.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by G;

1. A traffic accident report;

1. A medical certificate;

1. Application of statutes on field inspection photographs;

1. Relevant legal provisions and the choice of punishment for a crime: Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection 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 fact that the victim has agreed smoothly with the victim after the prosecution; the fact that there is no criminal record other than the victim subject to punishment once a minor fine: the degree of violation of the duty of care, such as signal violation; the victim's injury is serious; and other circumstances: motive and circumstance of the crime; circumstances after the crime was committed; circumstances after the crime was committed; the defendant's occupation, age, family relationship [the recommended sentencing criteria] [the scope of recommended punishment] mitigated area of general traffic accident (the person subject to special mitigation for January to August) [the scope of punishment] [the mitigated area (the person subject to special mitigation for traffic accident].

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