(영문) 제주지방법원 2020.07.22 2020고단78

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(영문) 제주지방법원 2020.07.22 2020고단78

교통사고처리특례법위반(치상)

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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 driving service B.

On December 1, 2019, the Defendant driven the above Obaon on December 1, 2019, and continued to turn to the left at the second two-lanes of the two-lanes between the two-lanes of the street-based post office located at the Nomo-distance Intersection 7 in Jeju city.

At all times, there is a crosswalk where signal lights are installed, so in such cases, a person engaged in driving of a motorcycle has a duty of care to safely drive the motorcycle according to the motor vehicle signals installed in the front crosswalk.

Nevertheless, when the defendant neglected to stop the vehicle signal even though it was due to the negligence of disregarding and proceeding the vehicle signal, the defendant faced the part of the victim D (the age of 22) on the right bridge of the victim D (the age of 22) with the right side of the direction of the defendant's running, according to the pedestrian signal.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the right one-four (14) weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, the degree of negligence of the defendant and the degree of damage of the victim are significant; while the defendant has no criminal records of the same kind or imprisonment without prison labor or any heavier punishment; contrary to the fact that the defendant has agreed to do so smoothly with the victim; the defendant's age, character and conduct, family relation, environment, circumstances and result of the crime; and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be determined

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