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(영문) 제주지방법원 2016.10.06 2016고단646
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a Dona-si.

On March 23, 2016, the Defendant driven the above taxi on March 19, 2016, and proceeded to turn to the left the third-distance road 53, which is located on the 53-lane at Jeju City, from the surface of the front west-gu to the front west-ri.

The Defendant, at the time, installed a crosswalk at the front section of the taxi at the time, followed by the negligence of the victim E (the age of 58) crossinging the above crosswalk from the left side of the taxi driving direction to the right side of the Defendant’s taxi driver, and caused the victim to go beyond the road by taking the part of the victim E (the age of 58) crossinging the above crosswalk from the left side of the taxi driving direction to the front side of the Defendant’s taxi driver.

As a result, the defendant caused the victim by the above occupational negligence to suffer injury, such as anti-monthly flag in the right chain, which requires medical treatment for about seven weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement of E;

1. A report on the occurrence of a traffic accident (including abbreviations and photographs), the report on a traffic accident, sheshed, the report on a traffic accident, and the report on a traffic accident;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations on the sentencing criteria (the scope of recommendations) shall be limited to the general traffic accident category I (the injury resulting from traffic accident) without the basic area ( April to October) (the special person).

2. The Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, sentencing precedent in similar cases, and other various sentencing conditions as shown in the instant pleadings shall be considered, and in particular, the following circumstances shall be considered. The Defendant shall be considered at a disadvantage:

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