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(영문) 제주지방법원 2018.03.15 2017고단2203
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for a period of three 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 of C and C and C freight vehicles.

On June 21, 2017, the Defendant driven the above cargo vehicle at around 15:30 on June 21, 2017, while driving the vehicle at around the 3-lane of “E” located in Jeju, and driving the vehicle at the direction of the police box at the port of Samyang, along the two-lane of “E” in front of the three-lane.

At the time, the road run by the defendant is a child protection zone, and the victim F (6 years) was crossing in the crosswalk in the front direction of the defendant, and the front direction of the defendant was the vehicle stop signal in the front direction of the defendant. In such a case, the defendant who is engaged in driving a motor vehicle had a duty of care to prevent accidents by driving the above cargo safely, such as stopping in front of the crosswalk in accordance with the motor vehicle stop signals, while driving the motor vehicle.

Nevertheless, the Defendant neglected this and did not stop even though it was a stop signal, and caused the victim to go beyond the ground floor by shocking the left side of the road to the right side of the said cargo vehicle, which was crossing the crosswalk in accordance with the pedestrian signals by the negligence of driving the said cargo.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the left-hand pelle and the pelpelle executives in need of approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to photographs by cutting off the scene of an accident, a photograph of an accident image;

1. Article 3 (1), proviso to Article 3 (2) 1, 6, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lectures are all considered, but the following circumstances should be taken into account, in particular, the circumstances favorable to the victim, and the circumstances unfavorable to the victim:

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