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(영문) 제주지방법원 2018.01.09 2017고단2622
교통사고처리특례법위반(치상)
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

The Defendant is a person who is engaged in driving of Cenz S350 vehicles.

On November 14, 2016, 05:45, the Defendant: (a) while driving the above vehicle and driving along the intersection of the intersection in the direction of the Sinpo City from the Sinpo City to the west of the signal box (e.g., the intersection of the signal line) at the direction of the Sinpo City, the Defendant suffered from the victim’s injury, such as the string, etc. of a chest-line, which requires approximately four weeks of treatment from the south side of the said vehicle, due to the occupational negligence in breach of the red signal, while driving along one lane at the direction of the signal line.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements, recording records of DNA images;

1. A survey report on actual condition and photographs on the scene of accidents;

1. A general medical certificate;

1. Application of Acts and subordinate statutes to an intersection signal signal terminal, investigation report (in relation to the signal cycle to an intersection via the intersection), investigation report (to listen to the statement by police officers and review the signal traffic system);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant caused a traffic accident that shocks the side part of the driver's seat of the victim driving vehicle in normal name and is driven by the defendant without disregarding red signal, and the degree of the victim's injury is not somewhat weak.

On the other hand, the defendant has committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

However, the punishment as ordered shall be determined by taking into account the following factors: the defendant recognized the crime, agreed with the victim, and the defendant's age, sex, environment, circumstances, circumstances after the crime, etc., as shown in the arguments in this case.

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