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(영문) 제주지방법원 2016.05.19 2016고단398
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the operation of the KS5 taxi.

On January 17, 2016, the Defendant, while driving the above taxi at around 01:17, and driving the road at a speed of about 70 km in front of the D Council member's front limit in Jeju City, was negligent in performing the duty of care in front of the crosswalk in the speed of about 101km from the tri-dong side to the North Korean elementary school at a speed of about 101km, and at the same time, the Defendant, due to occupational negligence, led the victim E (19 years old) who walked on the crosswalk installed on the above road at a speed of exceeding 31 km, by taking the victim E (19 years old) who walked along the crosswalk installed on the above road over the ground after taking about 16 weeks medical treatment into front of the left-hand part of the said taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. Each general medical certificate and other co-data analysis table (the provision of remaining two-taxies);

1. The application of the relevant photograph (a vehicle and the victim’s first photograph at the time of dispatch), a photograph to capture a black stuff image (B), a black stuff image photograph (a person walking along a crosswalk), a photograph to cut a black stuff image, a photograph to cut down a lock stuff, a photo to cover a shock of a shielded vehicle, a photo at the scene of an accident, and an Act and subordinate statutes governing cinematographic hours at the time of the accident;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] in general traffic accidents, and the basic area (the period between April and October) [the special sentencing factors] mitigation factors: In cases where the illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning School Traffic is heavy;

2. The age, sex, environment, circumstances leading to the instant crime, means and results of the instant crime, and the circumstances after the commission of the crime.

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