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(영문) 제주지방법원 2020.02.07 2019고단2363

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

[Amount of the charge] On September 21, 2019, the defendant who committed the crime committed the crime was driving a low-speed car at B around 00:35 on September 21, 2019 to turn to the left at the seat of D from C elementary school to D.

At that time, since the yellow flashing signal has been operated, there was a duty of care to prevent accidents by safely driving the motor vehicle and safely driving the left at the time of driving the motor vehicle, and to check whether there was a motor vehicle that is to temporarily stop and directly drive the motor vehicle before making a left-hand turn.

Nevertheless, the Defendant neglected this and neglected to turn to the left as is, caused the injury to the victim FJ (the age of 55) by shocking the Gbea-crat-crat-type car of the FF driver, who was located in the jurisdiction of E High School according to the prosperity route at the seat of E High School, such as a 12-day therapy, which requires approximately 12 weeks medical treatment, and the injury to the victim H(the age of 18) who is the passenger of the above high-speed car, which requires approximately 14 weeks medical treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of traffic accident-related persons prepared by the F;

1. Report on the occurrence of a traffic accident by police officers, and entry of report on the occurrence of a traffic accident;

1. Entry of a copy of the general medical certificate with respect to F prepared I by the doctor;

1. Images of photographs taken by a medical certificate to H prepared by a doctor J;

1. Application of each video statute to a scene photograph;

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

1. Between the crimes in each judgment of ordinary concurrence: Articles 40 and 50 of the Criminal Act (Punishment of a punishment prescribed for a crime against the victim H with a heavier judgment);

1. Selection of alternative imprisonment without prison labor;

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.