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(영문) 제주지방법원 2013.07.24 2013고단474

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a C low-speed car.

On September 27, 2012, the Defendant, on September 19:23, 2012, proceeded at a speed of about 70 km in the speed of 300 meters high from the Seopopo-dong, Seopo-si, Seopo-si, Seopo-si.

At the time, it was difficult to take the place around the night, so a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving the front left well.

Nevertheless, the Defendant neglected this and found the victim D (the age of 67) crossing the road from the right side of the proceeding direction to the left side by his negligence, and operated it late, but did not stop, and received the victim's body as the front part of the car of the Defendant.

As a result, the Defendant suffered from occupational negligence, such as injury and awareness of external cerebrovascular surgery, walking, behavioral disorder, etc., which requires approximately 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Vehicles involved in accidents, on-site photographs, and on-site survey reports;

1. Track photographs for vehicles;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The defendant's negligence in sentencing Article 62-2 of the Social Service Order Criminal Act requires a sentence of imprisonment without prison labor in consideration of the fact that the victim's injury was very serious due to the accident in this case, but the location of the accident in this case is a road with a wide range of three lanes and six lanes from each other, and the surrounding area is rare and the victim has contributed to some of the victim, such as without permission, even if the accident in this case took place at the time. The defendant is a first offender.