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(영문) 제주지방법원 2019.07.05 2019고단233
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 November 21, 2018, at around 15:50 on November 21, 2018, the Defendant driven the B rocketing taxi, and tried to proceed to the right-way bypassing the four-lane road in front of the D in Jeju City, along the four-lane road.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle by reducing the speed and by properly examining the front, rear, and left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and sustained an injury to the victim E (the age of 65) who dried the crosswalk in line with the pedestrian signal by negligence while driving the crosswalk as it is, and was shocked to the right side of the above taxi operated by the Defendant, resulting in the Defendant’s injury, such as the mouth fladation of the left-hand flag, which requires eight weeks medical treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of traffic accident-related persons prepared E;

1. Report on the occurrence of a traffic accident, report on a traffic accident, and report on internal investigation by police officers, respectively;

1. A statement in the letter of general diagnosis for E in the F Preparation;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

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

1. Probation, community service order, Article 62-2 of the Criminal Act, the reason for sentencing under Article 59 of the Act on Probation, etc. [the scope of applicable sentences under the law] : Traffic crimes committed by a credit cooperative from one month to five years (determination of a sentence ], a general traffic accident, a type 1 (Death or Injury caused by a traffic accident) - Reduction element: A reasonable deposit, a comprehensive motor vehicle insurance policy, a serious reflectivity - Aggravated increase factor: Other cases falling under the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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