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(영문) 제주지방법원 2020.01.08 2019고단1873
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On July 5, 2019, the Defendant driven the above vehicle on July 15, 2019, and proceeded from the front intersection of the D School in Jeju to the front intersection of the C at Jeju.

At this point, the crosswalk was installed, and since there was a child protection zone, there was a duty of care to protect pedestrians and children who walk the crosswalk by safely driving the crosswalk in accordance with the signals.

Nevertheless, the defendant neglected this while driving in violation of the signal and shocked the body f (8 years old) of the victim F (8 years old) who was a normal crosswalk according to the pedestrian signal from the front side of the defendant's vehicle by negligence.

As a result, the Defendant suffered injury to the victim by negligence of the above business, i.e., light-to-air transfusions, which had no wife in two open for about eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Investigation report (Analysis of ctv images and signal frequency table);

1. A medical certificate;

1. Application of ctv image legislation

1. The punishment as ordered by the court shall be determined by comprehensively taking into account the following circumstances, comprehensively taking into account: (a) the relevant criminal facts; (b) Article 3(1)1, 6, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Punishment; (c) Article 268 of the Criminal Act; (d) the negligence of the defendant who has violated the signal at the crosswalk in the children’s protection zone due to the sentencing of imprisonment without prison labor punishment; (b) the degree of injury to the children of the victimized child; (c) the victimized child appeals against the defendant; (d) the victimized child’s parents have not been agreed; (d) the vehicle has been covered by a comprehensive insurance; (e) the age, character and conduct, family relationship, environment; (e) the background and result of the crime; and (e

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