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(영문) 제주지방법원 2017.01.25 2016고단2827
교통사고처리특례법위반(치상)
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 who is engaged in driving a new EF rocketing car.

On November 17, 2016, the Defendant driven the above car at around 06:00 and proceeded along one lane in front of the Jeju post office, which is located in the order of the Jeju city, at the Jeju city. Since there is a crosswalk that does not have any signal apparatus at the front section, pedestrians may appear at any time. In such cases, pedestrians are able to appear at any time. In such a case, the Defendant has a duty of care to check and proceed as to whether there is a pedestrian passing the crosswalk by reducing speed and taking into account well the left and right of the front section of the road.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로 진행 방향 왼쪽에서 오른쪽으로 횡단보도를 보행하던 피해자 C( 여, 69세) 의 몸통 부분을 피고인 차량의 앞 범퍼 부분으로 들이받아 피해자로 하여금 횡단보도로부터 약 5m 거리의 지점으로 튕겨 전도 되게 하였다.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim, which requires approximately 10 weeks of treatment including the operation of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of a report on the occurrence of a traffic accident, a written statement of A, a fact-finding survey report, CCTV closure photographs in the face of an accident, and medical certificates to statutes;

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)6 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 (the sentencing guidelines shall be recommended to be sentenced to the sentencing range) - the area where the injury of traffic accidents is mitigated: The circumstances favorable to -8 months: the amount of punishment is not punishable ( January 2, 2017), the circumstances disadvantageous to the purchase of comprehensive motor vehicle insurance: the injury is serious, not serious, or the injury is the same as the previous one (the amount of fine of the Jeju District Court which violated the Act on Special Cases Concerning the Settlement of Traffic Accidents on July 1,

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