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(영문) 제주지방법원 2018.08.13 2017고단3348

교통사고처리특례법위반(치상)

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a dump truck driver.

On November 13, 2017, the Defendant driven the above truck on or around 09:35, the Defendant: (a) was driving the truck at Jeju-si; (b) was influencing the road crossing from the direction of the new Jeju-ri, to the direction of the road, the road signal to the intersection is red; and (c) the pedestrian signal at the front of the intersection is green; (d) was due to the negligence in the course of business before the right-hand side without waiting before a temporary stop line without waiting the bicycle; and (e) was flucing the victim D (79 years of age) who passed the above crosswalk while walking the bicycle at the right-hand side of the truck; and (e) took a bridge toward the victim’s left side of the truck, going beyond the rear wheels part of the right-hand side of the truck; and (e) took part of the victim’s injury that the victim should cut off due to pressure and loss to the right-hand side of the road and cut off.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of an alternative imprisonment without prison labor (in violation of signal, consideration shall be given to the fact that the person has paid a traffic accident, the victim has suffered serious injury to the bridge, and the victim shall live with disability after life);

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do131, Jan. 1, 2011>