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(영문) 제주지방법원 2014.08.29 2014고단521
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 20:00 on March 16, 2014, the Defendant driven C 125CC 125CC c. Around March 2014, while driving the road in front of the lusium restaurant in the Jeju-si, along the direction far from the direction of the lusium in the Gu, and the place is where the yellow-ray central line is installed. As such, the Defendant was negligent in failing to perform his duty of care and driving the road safely without breaking the center line, thereby driving the road along the opposite direction, and resulting in the injury of the victim, such as the abandonment of the lusium, which requires treatment for about 10 weeks, on the right side of the front direction.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes of D;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 1 (Bodily Injury resulting from Traffic Accidents) [Determination of Sentence 1] and there is no special offender] [Determination of sentence] unfavorable circumstances: Crimes during probation period due to juvenile protective disposition; there is no record of criminal punishment; there is no record of criminal punishment; Defendant’s age is considered in light of the above circumstances and circumstances such as occurrence of accidents.

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