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(영문) 제주지방법원 2013.05.30 2013고단144
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 28, 2012, at around 18:00, the Defendant driven a passenger car in B B, and proceeded directly with the crosswalks in front of the Dongwon's sports center in the B B, the B, at the date of Jeju, to the 119 Center room in the B, from the C, the B, the front of the B, the B, and the front of the B, the B, in front of the B, the

Since a crosswalk is installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely proceed after checking whether there is a person driving a crosswalk, since the person engaged in driving a motor vehicle is not likely to obstruct or endanger the crossing of the motor vehicle by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected this and went beyond the road by shocking the body of the victim C (the 16-year old) who dried the crosswalk from the right side of the defendant's proceeding to the left side.

Ultimately, the Defendant suffered injury, such as tear tear, etc., from the external side, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site map, photographs, and actual survey report on a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is led to confession and reflects his depth;

1. Social service order under Article 62-2 of the Criminal Act;

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