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(영문) 제주지방법원 2019.06.12 2018고단2537

교통사고처리특례법위반(치상)

Text

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

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 the operation of Lone Star Vehicle B.

At around 16:00 on September 12, 2018, the Defendant driving the said vehicle at Dracks or parking lots in Jeju, while driving the said vehicle at Dracks or parking lots from the direction of the Eracks.

At the time, since the victim F (V, 85 years old) was walking behind the Defendant’s vehicle, there was a duty of care to see the rear side as well as to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the defendant neglected this and did not discover the victim, and received the victim's body behind the defendant's vehicle due to the subsequent negligence.

As a result, the Defendant suffered injury, such as a flaging on the left-hand side of the victim, which requires approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. CCTV images;

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

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

1. Article 62 (1) of the Criminal Act;

1. The punishment shall be determined as ordered by comprehensively taking into account the following circumstances: (a) the degree of injury of the victim for the reason of sentencing under Article 62-2 of the Social Service Order Act is serious; (b) the damage is not recovered; (c) the defendant has no criminal records of the same kind or imprisonment without prison labor or any heavier punishment; (d) the defendant has been sexually committed against the victim; and (e) the defendant has deposited three million won for the victim; and (e) the defendant's age, character and conduct, family relationship, environment, circumstances and result