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(영문) 제주지방법원 2014.03.14 2014고단153
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 18:00 on December 9, 2013, the Defendant was driving a BSS5 car and proceeded from the boundary of the intersection to the new road in accordance with the two-lanes of the three-lane road in front of the “Korea Marart,” which is in line with the Jeju City Interconnection. Since a crosswalk is installed in front of the direction of the operation, the Defendant neglected his duty of care to identify and safely proceed with the reduction of speed and the surrounding areas of the crosswalk, thereby resulting in the Defendant’s negligence, even if there was an occupational duty of care to ensure the safety, thereby resulting in the Defendant’s injury, such as return of the frame, etc. requiring approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report, each field photograph, 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 range of sentence (the traffic crime group, general traffic accident, the first type, the area of mitigation of traffic accident, the area of mitigation (the special mitigation: hereinafter referred to as the "person under special mitigation] and the following circumstances] on the grounds of sentencing in Article 62 (1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act), and the sentence 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 fact that the victim has agreed with the victim, the fact that the victim has suffered serious injury: The weather conditions at the time of the accident (the night, rain), the circumstances of the accident, the family relationship of the defendant, etc.:

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