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(영문) 제주지방법원 2017.07.14 2017고단673
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2017, the Defendant was driving a Crocketing car on around 08:42, and was going to cross the sidewalk to leave the road on the alley side of Hanwon E in D at Jeju, and in such a case, the driver of the vehicle has a duty of care to cross the vehicle so as not to obstruct pedestrian traffic by temporarily stopping the vehicle immediately before crossing the sidewalk and by properly examining the left and right.

Nevertheless, the Defendant neglected this and got the victim F (the 52 years old) on the right side of the victim F (the 52 years old), walking along the sidewalk from the left side of the road due to the negligence of having access to the reported on the sidewalk so as to stop, thereby going beyond the ground.

After all, the defendant suffered approximately 12 weeks pressure from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement (F);

1. A traffic accident inspection report, a photo at the scene of the accident, and a photograph of stude image of a household-shielded vehicle;

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

1. Relevant Article 3(1) and the proviso to Article 2, Article 2 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 Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant led to an offense, and the fact that the defendant's driver's vehicle was covered by the comprehensive motor vehicle insurance is favorable circumstances.

However, the accident of this case is that the defendant's driver's vehicle was shocked by the victim who was walking on the road because the driver's vehicle intending to enter the road by driving on the road, and the negligence was serious, even though the victim's degree of injury is serious, the victim is subject to death or did not agree separately, and the scope of the punishment recommended according to the sentencing guidelines [the case where there is no special sentencing factor], the defendant's age, sexual behavior, environment, circumstances after the crime, and circumstances after the crime, etc. are indicated in the arguments of this case.

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