beta
(영문) 제주지방법원 2013.09.11 2013고단782

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 C-si.

On April 22, 2013, the Defendant driven the above taxi on April 01:26, 2013, and proceeded from the Tyang-dong to the Northwest-dong of the Jeju Bank, Jeju Island, at the speed of about 65 km.

At the same time, it was difficult at night, and there was a crosswalk that turned on a yellow flickering light, etc., so in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle was a person to reduce speed and to see it well, and to safely drive the motor vehicle so as to prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim D (the age of 59) who cross the crosswalk to the right side on the left side due to the negligence that continued to proceed at the same speed, and immediately operated the crosswalk. However, the defendant did not avoid it, but did not go beyond the ground by receiving the part of the bridge of the above victim on the left side of the taxi of the defendant.

Ultimately, the Defendant caused by occupational negligence the injury to the victim in two parts accompanied by a continuous mixed water, which had no open room in the treatment days of treatment days, and caused the victim’s injury to the victim’s life, and caused the injury to the victim’s thirropical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogical erogic

Summary of Evidence

1. Defendant's legal statement;

1. An accident photograph or a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to a medical certificate, reply letter, investigation report (referring to a medical opinion as to whether a victim D is a serious injury);

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that of the defendant.