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(영문) 제주지방법원 2017.06.15 2017고단670

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 person who is engaged in driving a vehicle B with low investment.

On December 6, 2016, the defendant driving the above car at around 19:50, and driving it at around 1576, Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-only one-lane-only

There are places where traffic is controlled by signal apparatus and a crosswalk is installed on the front side. In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by taking into account whether there is a pedestrian or not, and complying with the signal.

그럼에도 불구하고 피고인은 이를 게을리 한 채 차량 정지 신호를 위반하고, 보행자 진행 신호에 따라 횡단보도를 건너 던 피해자 C( 여, 63세 )를 뒤늦게 발견하였으나 피하지 못한 과실로 피고인 차량의 앞 부분으로 피해자의 몸을 들이받아 튕겨 나간 피해자로 하여금 횡단보도로부터 약 13미터 떨어진 지점 차로 바닥에 떨어지게 하였다.

As a result, the Defendant suffered from the above occupational negligence the injury of the victim, such as the blood static and metal fixed liquors, the surgery of the body flag, etc., the body flag, the body flag, and the body flag, the body flag, the body flag, the body flag, the body flag, the body flag, the body flag, the body flag, the body flag, the body flag, the body flag, and the body flag on the outside.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement prepared D or C;

1. Each investigation report (survey of timbered persons and results of analysis of the Road Traffic Authority);

1. Each written diagnosis;

1. Report on the occurrence of a traffic accident;

1. The actual investigation report on traffic accidents;

1. Application of the Acts and subordinate statutes governing the scene of accidents and photographs of harming vehicles;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of penalty;