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(영문) 제주지방법원 2019.07.12 2018고단2839
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On August 15, 2018, the Defendant driven a Bsch Rexton car on August 15, 2018, and continued to go straight from the surface of the train distance to the Jindo, along the two-lane road near D in Jeju City, the two-lane road.

At this point, crosswalks are installed on the front door, and people's passage is frequent, so in such a case, there was a duty of care to check whether a person engaged in driving service is a person to cut the speed and to see well the right and the right and the right of the vehicle, and to prevent the accident in advance by driving safely.

Nevertheless, due to the negligence of neglecting this, the Defendant did not discover the victim E (or, 46 years of age) who opened a road on the right side of the crosswalk from the right side of the direction of the Defendant’s proceeding to the left side of the crosswalk, and did not go to the right side of the said vehicle with the front right side of the said vehicle and suffered serious injury, such as cutting, etc. due to the collapse of three metles to the right side of the said vehicle, which requires treatment for about 12 weeks.

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 E;

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

1. Each description of each general diagnosis letter for E in the preparation of doctor F;

1. Entry of a copy or a certificate of medical records;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of statutory penalty] from one month to five years [Determination of a sentence] traffic crime, general traffic accident, and type 1 traffic accident.

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