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(영문) 제주지방법원 2014.07.11 2014고단728
교통사고처리특례법위반
Text

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

except that 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

On May 1, 2014, at around 02:39, the Defendant driven a bnding car and continued to drive the front road of the “type industry company” located in the 1st Do of Jeju Island from the lower side of the road to the front side of the road, and the front side of the road has a crosswalk, so he neglected his duty of care to reduce the speed and prevent the accident despite the fact that there was an occupational duty to check whether there was a pedestrian, by negligence, the Defendant neglected to build the crosswalk on the right side from the left side of the vehicle to the right side of the Defendant’s vehicle, resulting in the victim C(34 years of age) facing the shock of the victim’s 8-day medical treatment in the front side of the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement to be prepared;

1. Application of Acts and subordinate statutes to each field photograph, actual condition survey report, and 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 Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and

1. Suspension of execution: Recommendation, sentence scope [the scope of sentence [the general traffic crime group, the general traffic accident, the first type (the injury of traffic accident), the mitigation area (the special mitigation area), the imprisonment without prison labor not more than six months] on the grounds of sentencing on the grounds of sentencing under Article 62 (1) of the Criminal Act (the sentencing conditions under Article 51 of the Criminal Act, such as the statement in the grounds of sentencing), and all the following circumstances shall be determined as per the disposition in consideration of all the following circumstances. favorable circumstances: recognition of and reflects on the facts of crime; agreement with the victim; the same kind of criminal record and the fact that there is no criminal record exceeding the fine; the fact that the case is not easy in light of the degree of violation of the duty of care and the degree

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