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(영문) 제주지방법원 2014.04.09 2014고단98

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a B-bea car.

On December 20, 2013, around 23:05, the Defendant came to turn to the left from the KT&G distance at the Nowon-gu, Jeju-si.

At the time, there is a crosswalk in the front of that place, so the person engaged in driving service is slowly driving and checking whether there is a pedestrian on the crosswalk, and if there is a pedestrian on the crosswalk, there was a duty of care to check and safely drive the crosswalk by temporarily stopping the pedestrian.

Nevertheless, the Defendant neglected to turn to the left without neglecting it and got the victim C(55 years old) to the right-hand side from the left-hand side of the driving direction of the said car.

Ultimately, the Defendant suffered injury to the victim, such as pressure duplicating 3 times in need of approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto survey report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Determination of type] traffic accidents in general traffic accidents: Injury of traffic accidents (special-sponsed persons] - Punishment and non-sponsive measures (including serious efforts to recover damage) [Determination of the recommended area] mitigated area (decision of the recommended area] one to six months; and

2. The Criminal Act, which is recorded in the records of this case, takes into account the degree of injury suffered by the victim, situation at the time of the accident, circumstances surrounding the accident, the age, character and conduct, environment, etc., considering the fact that the sentence of punishment is recognized and reflected, the agreement with the victim is reached, and the primary offender who has not been tried.