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(영문) 제주지방법원 2014.05.23 2014고단256
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 February 11, 2014, at around 06:50, the Defendant driven a C taxi and had the front distance of the C taxi center located in E-Do 1 Dong in Jeju City along the two-lanes of the 2-lane road from the south Lane bank. Since the above Sloping road is installed, there is a crosswalk installed, it is confirmed that there was a pedestrian by lowering the speed, and that there was a duty of care to safely drive, and due to negligence on the part of the victim D (n, 30 years old) who opened the crosswalk on the left side from the right side of the vehicle of the Defendant, caused the victim by shocking the victim into the front part of the vehicle of the vehicle of the Defendant, and caused the injury of the victim, such as an external wound, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of relevant photographs, actual survey reports, and diagnostic certificates to statutes;

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: The decision is made in accordance with the order, taking into account all of the following circumstances and the recommended sentence scope [traffic crime group, general traffic accident, type 1 (accident of traffic accident), basic area, basic area, April - 10 months] on the grounds of sentencing (Article 51 of the Criminal Act, such as the statement of the reasons for sentencing) under Article 62(1) of the Criminal Act (Article 62(1) of the same Act, and the following circumstances: The fact that the facts of crime are recognized and reflected; the damage is likely to be recovered through the automobile comprehensive insurance; the fact that there was no criminal record exceeding the fine and there was no record of criminal punishment since 2004: The injury suffered by the victim without any light of the degree of violation of the duty of care; it is decided as per Disposition on the grounds that the accident circumstance, circumstances after the crime, age of the defendant, occupation, etc.

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