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(영문) 제주지방법원 2019.09.04 2019고단268
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in the service of operating a cruise car.

On December 12, 2018, the Defendant driven the said car at a speed of about 20 to 30 km from the dong Office to the new park at a speed of about 20 to 30 km.

At the time, it was in the state of raining at night, and it was the place where a high-level crosswalk was installed in the front door.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well with a person who is in charge of driving a motor vehicle, and if there is a person crossing a crosswalk, to temporarily stop the accident and prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim F (n. 64 years old) who crosses the Madern crosswalk from E to E on the side of the Doel due to negligence, and got the victim's body from the front part of the above vehicle and went beyond the ground.

As a result, the defendant suffered injury by his negligence in the course of business, such as the pressure of 12 chest pressure, which requires about 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Blubbbox CDs;

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (5) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor, Article 268 of the Criminal Act, and the

1. Article 62 (1) of the Criminal Act;

1. The degree of damage on the grounds of sentencing under Article 62-2 of the Criminal Act is significant; on the other hand, the defendant is against himself/herself and has agreed to do so; the first offender without any previous conviction; the defendant's age, character and conduct, family relation, environment, circumstances and results of the crime; and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be determined as the sentence as ordered, comprehensively taking into account.

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