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(영문) 제주지방법원 2018.08.14 2018고단97
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaging in driving a rocketing car.

On June 21, 2017, the Defendant driven the above car at around 01:50, and led to a two-lane road along the intersection of the Sungpo-Eup in Sungpo-si, Sungpo-si, Sungpo-si, into the direction of Si/si in the direction of Si/si, depending on one lane.

At the time, there is a duty of care to prevent accidents in advance by temporarily suspending the vehicle driving person immediately before the intersection in the case of the vehicle driving service, and due care to prevent accidents in advance, since it is an intersection in which the red light at night is on-and-off and is being controlled by a signal apparatus with on-and-off lights.

Nevertheless, the Defendant neglected this and did not temporarily stop in the right side of the intersection and did not stop immediately before the intersection, and went to the left side of the Defendant’s running direction, with the victim C ( South, 25 years old) who was driving at the right side of the motor vehicle driving by the Defendant, with the front side of the motor vehicle driving by the Defendant.

Defendant 1’s negligence on the part of the above job, caused the injury to the victim E (the 57 years old), who was a passenger of the said rocketing passenger car, to undergo approximately 2 weeks of treatment, such as satisfying the face in need of approximately 4 weeks of treatment, and the injury to the victim F (the 21 year old), who was the passenger of the said rocketing passenger car, to undergo approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the occurrence of a traffic accident;

1. Casure, on-site map, and on-site photograph of a traffic accident;

1. A traffic accident report;

1. Each written diagnosis;

1. A written request reply;

1. Application of Acts and subordinate statutes to traffic accident analysis and appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The Criminal Act, the suspension of execution;

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