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(영문) 제주지방법원 2016.09.30 2016고단1405
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2016, the Defendant driven a Cpoter freight vehicle at around 14:00 and proceeded along the two-lanes in the front of the “ETop” road from the eaging point to the south stone of the eaging hall, and did not find out the victim F, who f.m. (n., South and six years old) toward the left side of the road due to the occupational negligence of violating the obligation at the front time, and suffered from the injury of the victim, such as f.m., out-of-c., in which the victim had no two wifes who need approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by G;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions and the choice of punishment for a crime: Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Suspension of execution: The sentencing guidelines under Article 62(1) of the Criminal Act (including the sentencing conditions under Article 51 of the Criminal Act, as stated below) and the following circumstances shall be taken into account for the reasons of sentencing, and the sentence shall be determined as per the order.

The favorable circumstances: The facts of the crime are recognized and resolved after the prosecution, the fact that the victim has agreed smoothly with the victim after the prosecution, the circumstance that the victim violated the duty of care in the crosswalk, the degree of the victim's injury is serious, and other circumstances: The victim's injury is significant: The motive and circumstance of the crime, circumstances after the crime was committed, the defendant's occupation, age, family relationship [the recommended sentencing criteria] [the range of recommended punishment] of the mitigation area (one to six months) of the general traffic accident area (including a serious effort to recover damage). It is decided as per the disposition.

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