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(영문) 제주지방법원 2018.11.27 2018고단1291

교통사고처리특례법위반(치상)

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 of CSP car.

On April 30, 2018, the Defendant driven the above vehicle on April 20, 2018, and turned the front of the road D in Jeju City into the flood of the Suhyup Bank from the surface of the Jeju Bank.

At the same time, the crosswalk is installed and the passage of pedestrians is frequent, so in such a case, the driver of the vehicle has a duty of care to check whether there is a pedestrian, and drive the road safely.

Nevertheless, the Defendant, by negligence, driven the her course side and the right and the right and the right and the right and the right and the right and the right and the front part of the above car, got her part of the victim E (n.e., 54 years old) who opened to the left side of the crosswalk from the right side of the crosswalk, and caused the above F to go beyond the road by pushing the victim F (n.e., f., 51 years old) who opened the crosswalk in the same direction.

Defendant 1 suffered from the injury of the victim F by occupational negligence, such as the closure alley of the franchisium, which requires a 10-day treatment for the victim F, and the injury of the franchisium, which requires two-day treatment for the victim E, such as a franchisium.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to the F and E respective traffic accidents;

1. The actual investigation report on traffic accidents;

1. Relevant photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The instant accident on the grounds of sentencing under Article 62-2 of the Criminal Act for order to provide community service and order to attend a lecture is a shock of pedestrians who have dried the crosswalk, and its negligence is not minor, and the degree of injury suffered by the victim F due to the accident is more serious, and the victim did not agree with the victims.