(영문) 제주지방법원 2014.07.16 2014고단729

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(영문) 제주지방법원 2014.07.16 2014고단729

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for four 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

On May 17, 2014, at around 22:30, the Defendant: (a) driven a B car with B car free from May 17, 2014; (b) while driving the front road of the citizen center located in E-Do 1 Dong in E-Do, from the front side of the hotel to the central underground shopping mall; and (c) as the front side of the road, there is a crosswalk, the Defendant was a duty of care to check out the front side well, and even if there was a duty of care to safely drive the road, the Defendant was negligent in failing to neglect it, and thereby, the victim C (58 years old) who opened the crosswalk to the right side of the front side of the said car.

Ultimately, the Defendant caused the victim to suffer injury, such as duplicating cage of lupage, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] is against the basic area (decision of sentence] of the type 1 of the general traffic accident [No person who is a special person] [Article 62(1)] [Article 62(1) of the Criminal Act] [Article 62(1) of the Criminal Act shall be considered in favorable circumstances, such as the degree of injury inflicted on the victim, the situation at the time of the accident, the situation at the time of the accident, the background of the accident, the defendant's age, character, conduct, environment, etc., and other various sentencing conditions specified in the records of this case, and the sentence shall be imposed

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