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(영문) 제주지방법원 2017.11.28 2017고단2556

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant also is a person who is engaged in driving of a cargo vehicle B.

On February 22, 2017, the Defendant driving the above cargo vehicle around 06:45, and driving it along the two-lanes in front of the sports center in the direction of the Tyang, along the two-lanes in front of the training center, from the direction of the Tyang.

At the time of night, however, the front door door of the road was passed, and at the front door of the road, a crosswalk was installed. In such a case, there was a duty of care to safely drive a motor vehicle by checking whether there is a person who gets to drive the motor vehicle by reducing speed and properly examining the front door.

Nevertheless, the Defendant neglected to stand on the right side of the Defendant’s moving along the crosswalk to the right side from the left side of the Defendant’s moving along the crosswalk. The Defendant received the front part of the Defendant’s cargo vehicle.

After all, the defendant suffered injury, such as flaver pulver pulver pulver pulver pulver pulver pule, etc., to the victim by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. A photograph of each accident site and a report on a traffic accident;

1. Application of Acts and subordinate statutes to a report on investigation (verification of bus booms images);

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 selection of imprisonment without prison labor, concerning criminal facts;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the fact that the defendant recognized his mistake, that there was an agreement with the victim, that there was no previous conviction in the same kind of crime, that it is a crosswalk accident, that the victim has a big impact on the need for 14 weeks medical treatment, that is, the scope of the recommended punishment according to the sentencing guidelines (the special mitigated person: a person subject to punishment for a traffic accident in January or August), and that of the mitigated area (the general traffic accident in August or August).