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(영문) 제주지방법원 2016.12.07 2016고단2295
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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

The Defendant is a person engaging in driving a rocketing car.

On August 9, 2016, the Defendant driven the said car at around 17:30, while driving it in order to proceed directly from the direction of the other principle in the direction of the intersection from about 600 meters away from the north side of D in Seopopopo City C.

Since there is a road where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents in advance by accurately operating the steering wheel system and brake system of the vehicle by checking the front and the left and right of the person engaged in the driving of the vehicle, and by safely operating the vehicle in a safe manner.

Nevertheless, the Defendant neglected the duty of Jeonju to operate the steering gear and did not properly operate the steering gear, and was caused by the negligence of fSM3 driving of the victim E (the 56-year-old) who was normally proceeding along the opposite opposite lane, by the negligence of breaking the center line, with the part on the left side of the vehicle driving of the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the lower end of the aggregate in need of medical treatment for about ten (10) weeks, and the lower end of the instant aggregate, which was in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a actual condition investigation report, a E statement, and a field photograph;

1. A report on investigation (verification of black stuffs) and a photograph of a black stuffe image photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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 paragraph (2) of the same Article, Article 268 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

The reason for sentencing (within the range of the recommended sentencing guidelines) the area where the injury of traffic accidents is mitigated: The normal circumstances favorable to August: In cases where there was a serious injury not serious injury, but serious injury.

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