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(영문) 제주지방법원 2016.06.08 2016고단344

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving of a towed vehicle B.

On December 16, 2015, the Defendant driven a towing vehicle around 11:19, and proceeded bypassing the intersection of a three-distance intersection near the Nowon-gu 66-dong at Jeju to the direction of the Nowon-gu Multilateral Multilock.

At all times, the intersection is installed along with the signal apparatus and the crosswalk is installed. In such a case, the person engaged in the driving duty of the motor vehicle has the duty of care to keep the motor vehicle safely while driving the motor vehicle with the view of her view to the front and the pedestrian care.

Nevertheless, the Defendant neglected this and followed the victim C (the age of 80) who was towed by the Defendant by the towing vehicle of the Defendant, and was towing the victim C (the age of 80) who was towed by the Defendant from the right direction to the left by the Defendant’s negligence in the course of the business, which was going through the bypassing of the front-side red signals.

Ultimately, the Defendant suffered injury to the victim, such as taking the left-hand booms that require approximately 10 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. A criminal investigation report (CCTV, signal cycle verification), signal cycle, CCTV images of E-cafeterias;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;

The reason for sentencing (within the range of sentencing guidelines) the area where the injury caused by a traffic accident is mitigated: - the circumstances favorable to the punishment of June ( May 9, 2016): Relief measures after an accident, purchase of a comprehensive motor vehicle insurance policy after an accident.