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(영문) 제주지방법원 2019.02.14 2018고단1268
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The Defendant is a person engaging in driving a car A7 car.

On April 21, 2018, the Defendant driven the said car on April 21, 2018, and led the roads in front of the 8954 TWU Museum at Seopo-si, Seopopopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, to Dropi High School.

Since there is a section of 70 km speed limit, there was a duty of care to observe the speed limit and drive safely to those engaged in driving of the motor vehicle.

Nevertheless, the Defendant was negligent in proceeding at a speed of about 140 km per hour over a speed of 140 km, followed by driving of the victim E (n.e., the 58-year-old driver) driving on the right side part of the victim E (n.e., the 58-year-old driver) driving with the driver's vehicle in front part of the Defendant's vehicle, and due to the shock, the driver's vehicle of the Defendant was placed on the right side of the G operator's H chartered bus stopping on the road, and the driver's vehicle of the Defendant was also placed on the left side part of the I driver's vehicle driving, which was driven on the right side of the road.

Ultimately, the Defendant suffered injury to the said victim E by the above occupational negligence, such as pressure pressure duplicating 12 weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes to a black stuffe image;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, and Article 268 of the Criminal Act

1. Selection of the alternative imprisonment without prison labor (in consideration of the fact that a road with a 70km speed is driving at 140km and causes the large-scale accident while causing the large-scale accident, the victim is diversified and the driver's vehicle has a big department, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration to reflect the fact, to the agreement with the victim, and to the first offender);

1. Social service order under Article 62-2 of the Criminal Act;

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